If I’m on 3 year in formal probation for my first DUI but was then a passenger in a car and got a ticket for an open container, what’s going to happen?
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If I’m on 3 year in formal probation for my first DUI but was then a passenger in a car and got a ticket for an open container, what’s going to happen?
Asked on December 15, 2012 under Criminal Law, California
Answers:
David West / West & Corvelli
Answered 11 years ago | Contributor
This is a dangerous situation indeed. Any time you get a new offense, especially for an alcohol related charge, while you are on DUI probation, the Court can order your probation revoked and can send you to jail - for up to the amount of time you have left on probation. Unlike not paying your probation fees or missing a probation meeting, this is not a technical violation of your probation that they will sometimes be lenient for the first time it happens. A new charge is almost alwyas taken very seriously.
Because you are facing jail and the revokation of your probation, i would highly recommend you seek the counsel of an experienced criminal defense lawyer to help you. At the least, you should have a free consultation with a lawyer such as myself who can listen to the facts of your case and give you advice on what to do.
Best Regards,
David West
Attorney at Law
David West / David West & Associates
Answered 11 years ago | Contributor
This is a dangerous situation indeed. Any time you get a new offense, especially for an alcohol related charge, while you are on DUI probation, the Court can order your probation revoked and can send you to jail - for up to the amount of time you have left on probation. Unlike not paying your probation fees or missing a probation meeting, this is not a technical violation of your probation that they will sometimes be lenient for the first time it happens. A new charge is almost alwyas taken very seriously.
Because you are facing jail and the revokation of your probation, i would highly recommend you seek the counsel of an experienced criminal defense lawyer to help you. At the least, you should have a free consultation with a lawyer such as myself who can listen to the facts of your case and give you advice on what to do.
Best Regards,
David West
Attorney at Law
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