DUI Lawyers Duty to Make Terms Clear to Client

William:

My client recently pled to his first DUI and was placed on probation in Broward county. As a condition of his supervision, the judge ordered him not to drive an automobile for any reason until such time as his probation was over. Subsequently, he obtained a valid hardship license for work purposes and was cited for speeding. As he obtained the license lawfully and was using it within the stated restrictions, can our client be charged with violating probation?

Answer:

Unfortunately, your client can be found to have violated probation due to the fact that he operated a vehicle in violation of the terms of his probation. The first thing that you want to do in this case is obtain the probation order which outlines the specific conditions. If the judge's directive was not included in the order you may have a shot of getting the warrant dismissed. However, this can be cured if the state attorney subsequently directs the court to have its oral restrictions retroactively incorporated into the probation order.