Curfew Compliance Issue
The client is experiencing a legal challenge regarding a curfew tag that has been imposed as part of their sentence for a driving offence. The client has been placed under a 12-month probation order, a 6-month disqualification from driving, and additional fines, along with the curfew tag. They are worried about how this curfew tag will affect their employment, as their place of work will not permit them to perform their job with the tag visible. The client has no prior criminal convictions, making this incident their first offence. They are looking for options to comply with probation without facing possible imprisonment.
Questions about this case
These answers have been verified by a lawyer in the LEAP networkCan I go to jail for not complying with the curfew tag?
Non-compliance with the curfew tag, as part of your probation order, may be viewed as a breach of that order and can lead to your case being re-evaluated by the court. The court will consider the reasons for your non-compliance, and if deemed unjustified, you may face penalties that can include imprisonment. It’s important to communicate with your probation officer regarding any job-related constraints you might have.
What are the consequences of not adhering to curfew conditions?
Failing to comply with curfew conditions set forth in the probation order is treated as a breach of that order. This breach could result in a court hearing to address the matter, and potential repercussions can range from warnings to additional conditions, or even revocation of probation leading to a custodial sentence.
Can I request a modification of my probation conditions due to my job situation?
Yes, you can seek to modify your probation order based on your employment constraints. You'll need to approach the court and explain how the curfew tag interferes with your job. Supporting evidence from your employer explaining the situation may strengthen your case.
What should I do if my employer won’t allow me to work with the curfew tag?
Discuss your situation with your probation officer to see if adjustments to your probation can be made, like changing curfew hours. They might communicate with your employer to help alleviate their concerns regarding the tag. Additionally, seeking legal advice about employee rights in situations involving lawful obligations may be beneficial.
Are there alternative sentencing options that would allow me to keep my job?
Alternative sentencing options may be available that consider your work situation. Discuss with your solicitor or probation officer about potential adjustments to your probation, such as community service instead of a curfew tag. Providing evidence, such as restrictions imposed by your employer due to the curfew tag, can be persuasive in seeking modifications.
