Legal Question in Criminal Law in Ohio
My brother got 180 days suspended on good behavior for 2 years and last night he got pulled over and has no insurance on his vehicle...will he go to jail?
1 Answer from Attorneys
In Ohio, that depends upon the judge and upon the terms of his probation. Some judges require that the person not be convicted of a same or similar offense to what they got the suspended sentence for. For instance, if the charge was theft and he got 180 days suspended with no same or similar convictions for two years, then another theft charge or an unauthorized use of property charge would be a violation. But a drunk driving charge or a driving without insurance would not be same or similar.
But other judges simply put in the entry that the person must be "law abiding" meaning that any criminal violation will be a violation of the terms of probation.
But even within this subset of judges, some judges don't consider minor infractions like speeding or littering or unclassified misdemeanors to be important enough to revoke the probation. But some do. It depends upon the judge. Best to speak to an attorney in the area.
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