Legal Question in Criminal Law in Florida

violation of probation (willful and substancial)

if you are on probation for reckless driving and your license is suspended by the dept. of motor vehicles not the courts if your probation officer suspects your driving but never witnesses you driving does this constitute a violation is it substancial?


Asked on 12/21/99, 10:09 pm

1 Answer from Attorneys
Steven Casanova Steven G. Casanova, P.A.

Re: violation of probation (willful and substancial)

The simple answer is NO. The act that would predicate a violation typically is an arrest, or the commission of an act that is contrary to your conditions of probation. Sure, the act of driving is not allowed by your conditions of probation, so I suggest that you DO NOT DRIVE, but for the violation to exist you must get caught. That would include being seen by your probation officer.

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Answered on 12/31/99, 10:20 am


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