I recieved a ticket for a open container as a passenger 6 months into formal probation. The driver was also issued a open container and passed all sobriety tests including blowing zeros on a breathalyzer. I am not to drink alcohol. I am wondering what the chances are my probation will be revoked or me going to jail. No prior violations
If there was only one open container, then you may have a defense to possessing it based on the law of constructive possession. In Iowa, mere proximity is not enough. If you admitted the open container was yours or if there are no other defenses, then a guilty plea will not necessarily result in your probation being revoked. Your probation officer could simply recommend did you be held in contempt of your court ordered probation. You might be sentenced to some jail time, but still remain on probation without being
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