I am on formal probation in Iowa for a 2nd OWI for 2 years.

Asked over 1 year ago - Dyersville, IA

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

Attorney answers (3)

  1. Colin Christopher Murphy

    Contributor Level 15

    2

    Lawyers agree

    Answered . 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
    revoked.

  2. Ethan Patrick Meaney

    Pro

    Contributor Level 20

    3

    Lawyers agree

    Answered . That will depend on if the PO has cause to believe you consummed (which as I understand is a probationary condition). Receiving a ticket for open container does not mean you actually consummed and there might be a defense there. Good luck.

  3. Wade J. Skalsky

    Pro

    Contributor Level 15

    3

    Lawyers agree

    Answered . It's definitely possible that you could be violated. That being said it also sounds like you might have somewhat of a defense. You will probably have to wait and see how it shakes out but I would consult with a local attorney about how best to proceed. Good luck.

    Contributions on AVVO.com in no way create an attorney-client relationship nor are they intended to be relied upon... more

Can't find what you're looking for? Ask a Lawyer

Get free answers from experienced attorneys.

 

Ask now

27,823 answers this week

3,064 attorneys answering

Ask a Lawyer

Get answers from top-rated lawyers.

  • It's FREE
  • It's easy
  • It's anonymous

27,823 answers this week

3,064 attorneys answering