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Ticket for driving with a suspended license while on 5 year probation for a seperate felony crime.
Anonymous1 views2 answers
My boyfriend is on 5 years of probation for a felony crime (D or E) Anyways, he was pulled over this weekend for failure to signal when turning on our street. I was in the car and normally I would drive but I had a glass of wine with dinner so he drove in my place. When the officer ran his name, he found old unpaid speeding tickets from 2006 for which his license was suspened so the officer issued a ticket for driving with a suspended license. He alerted his probation officer today, who did not violate him, but she did have to send a letter to the judge. He is actively working and has followed all terms of probation including completing a drug program. What should he expect? Will he go to jail? Any advice? We plan to do our best to pay the speeding tickets before court.
The good news is that probation did not violate him. You should pay the speeding tickets ASAP. Once you pay the ticket, and probation does not take action, he should be ok. However, you should immediately contact the attorney who represented him in the underlying felony case, and inform him/her of the ticket and letter to the judge. He/she will be better able to tell you what to expect, as they practice in that jurisdiction regularly.
It sounds like your boyfriend has been charged with AUO 3rd in violation of VTL 511-1 a which is an unclassified misdemeanor which is punishable by a fine of between $200.00 and $500.00, up to 30 days in jail and a mandatory surcharge of between $80 and $85.00. If he was charged with AUO 2nd the penalties would be greater. He should not attempt to handle this matter without the aide of a criminal defense attorney. He should retain a criminal defense attorney especially since he is on felony probation.If he cannot afford an attorney, he should apply for the services of the public defender. He should pull a copy of his driving record which can be done at any DMV office [ $10.00 fee] and clear up any outstanding suspensions before going to court. He should refrain from driving any car for any reason unless and until his New York State driving privileges have been restored. He should continue to obey all of the conditions of his probation.
