Even though I was charged with DUI, there was no proof of intoxication during the DUI sobriety test, but i was still taken into custody. This was a year ago when i was eighteen. A week ago i was stopped for a license plate light being out. At this time an open container was discovered. I told police it wasn't mine, but they gave me an infraction ticket anyway. What could be possible consequences? My court date is the end of August, but i go to school in Ohio beginning the first week of August.
Will the judge take schooling into consideration and change my court date or not require i attend the court date?
This is really an issue you should hire an attorney for. The good news is an attorney can appear for you so you can return to school in Ohio. You were convicted of a prior DUI and it will not help the situation as this can be a probation violation. Either way the main issue you are facing is the mandatory 1 year CDL suspension. Many times prosecutors will work with attorneys to alter the charge in such a way to avoid the 1 year suspension. The prior DUI will not help the situation but a skilled defense attorney should be able to assist you.
I have practiced criminal law in Fresn for approximately 10 years (8 as a prosecutor and 2 as a defense attorney). In Fresno a standard DUI term of probation is to "obey all laws" and this means not to comit any additional misdemeanor or felony offenses. An infraction is not considered a a violation of this probation term.
However, you can possibly be charged with other crimes, Minor in possession of alochol comes to mind which would be misdemeanor and thus a possible violation of your DUI probation. Most attoneys offer a free consultation and you should contact one in your area.
Law Office of Brian C. Andritch
Because you have an under aged DUI the judge is not likely to be lenient with an alcohol related violation of probation. You could be punished for the new offense and ordered to serve the full term of your sentence under the DUI. This is not something you should handle yourself. Get a lawyer ASAP.
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