A probation officer says a Lawrence man convicted of causing a deadly head-on wreck on U.S. Highway 40 is violating his probation by failing to do community service.

Charley R. Davis, 21, was ordered to either keep a full-time job or do 40 hours of community-service work per week as a condition of probation. But he appeared in court Tuesday to answer an allegation that for a seven-week period this summer, he wasn’t working full-time and was doing between 0 and 28 hours of community service per week.

The wreck happened Dec. 4, 2002, as Davis was trying to pass other vehicles and driving in the oncoming traffic lane up a hill on U.S. 40 west of Lawrence. At the top of the hill, he struck an oncoming van driven by 31-year-old Tisha Downing, a Eudora High School secretary.

Downing died in the collision, but her 6-week-old daughter survived without serious injury.

Davis was sentenced to a year in jail in April 2004, and he was later released on probation.

In court on Tuesday, Davis told Judge Robert Fairchild Tuesday he’d been working for a moving company and was making $9 per hour. Fairchild appointed an attorney to represent him and scheduled a hearing for Nov. 3 to decide whether he should have his probation revoked.