If you are on diversion for a DUI and then receive a ticket for drinking in public, how will this affect your diversion?

Question Details:

I received a drinking in public ticket in a college town at a date party. I was standing on my friend's porch steps. Cop came over, grabbed the beer out of my hand, and told me to show him my ID. I'm 22. He said that because I was standing on the sidewalk earlier, which is public property, that I was going to be ticketed. I was on the sidewalk but have pictures to prove it was only for a picture and no alcohol is in my hand. If I can't get this case dismissed, how is it going to affect my DUI diversion?

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