Is speeding considered breaking probation for DUI?

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Is speeding considered breaking probation for DUI?

I was convicted 10 months ago of a DUI charge. It was reduced to a Minor Possession and Consumption along with Reckless driving as a part of my plea agreement. Today I got a speeding ticket for going 65 mph in a 55. Will that break my probation if it says I can’t have any kind of violation for 1 year?

Asked on March 1, 2012 under Criminal Law, South Dakota

Answers:

Kevin Bessant / Law Office of Kevin Bessant & Associates

Answered 9 years ago | Contributor

Speeding in most states is not considered an offense that could violate your probation. In most states, your plea would be considered a criminal offense. Any new criminal offenses would trigger a probation violation. Because speeding is considered a civil infraction and not criminal, I doubt if this will violate your probation. Speak with a criminal defense attorney in your area for more specifics of how your court will handle this situation.


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