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State v. Sheehan3/5/1991
C.App. 470, 474-75, 305 S.E.2d 193, 196 (1983) (a nuisance activity such as loud playing of music not a violation). We further note that a finding of a violation of probation is unconstitutional if that finding is premised upon a statutory construction that denies a probationer fair warning that certain conduct would be construed by the court to be in violation of the court's order of probation. Douglas v. Buder, 412 U.S. 430, 432, 93 S.Ct. 2199, 2200, 37 L.Ed.2d 52 (1973) (per curiam).
Commission of a traffic offense classified as a misdemeanor is generally held to violate a requirement to obey all laws. See State v. Benton, 5 Ariz. App. at 314, 426 P.2d 414 (1967) (conviction for driving while license revoked is violation); State v. Carney, 390 A.2d 521 (Me.1978) (DUI on suspended license violated term barring criminal conduct); Albritton v. State, 676 S.W.2d 717 (Tex.Ct.App.), opinion on motion for rehearing, 680 S.W.2d 80 (1984) (speeding conviction is violation). Cf. Caston v. State, 58 So.2d 694 (Fla.1952) (conviction under municipal ordinance for possession and sale of lottery tickets is violation). We believe it is clear that our legislature, by decriminalizing numerous traffic offenses in 1983, determined as a matter of public policy that these particular offenses were not as morally reprehensible as criminal acts. See State v. Walker, 159 Ariz. 506, 510, 768 P.2d 668, 676 (App.1989).
For purposes of probation violation, we conclude that commission of a civil traffic offense is different in substance and effect from a criminal offense, and the phrase "obey all laws" must be construed in this case to exclude such civil offenses. Since the defendant admitted only these offenses, the trial court erred in finding that he thereby violated the terms of his probation. The judgment of violation is reversed and the original conditions of probation are restored.
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