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 9 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 9 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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