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I was put on probation because of a dui charge... and now i got a ticket for public intox. what can happen to me ?

Palm Springs, CA |

i was arrested and then sent to court and judge said i was going to pre trial what can happen to me since i was on probation for the dui charge ?

Attorney Answers 7


  1. Picking up any new law violation puts you at risk of being violated on probation. A probation violation allows the court to reassess your sentence and consider up to the maximum again... although in most misdemeanor cases it can mean adding community service, additional jail time, etc. Technically, even an infraction constitutes a violation, but is only sometimes pursued, while violations of probation for new misdemeanors are more common. The D.A. can pursue misdemeanor charges for public intoxication if they wish, which carries a maximum of 180 days. You'll need to speak to an attorney for more specifics and to discuss the details of your case...

    This response does not create an attorney client relationship. The information provided here should not be relied upon and is not a substitute for legal advice received by an attorney that you have retained for your specific case. If you are actually involved in a case pending in court and you have an attorney, you should speak to your attorney and follow his/her advice. The information prve a claim to pursueovided here is for general purposes only


  2. In addition to what the other attorney mentioned, it tends to indicate to the court that you may have a problem with alcohol increasing the possibility of some type of program to address your drinking and choices while drinking.


  3. You obviously violated the terms of your probation which mandates zero tolerance. There is a strong possibility that the court will impose jail time. You're also facing the possibility of losing your license for a year. Sorry for being bleak. At this stage, the best thing you can do is hire an attorney to help mitigate the damage.

    My comments are provided for general information purposes only. Nothing on this or associated pages, documents, comments, answers, emails, or other communications through Avvo should be taken as legal advice for any individual case or situation. The information on this website is not intended to create, and receipt or viewing of this information does not constitute, an attorney-client relationship. Lawyers are licensed to practice on a state by state basis; do not act on information contained on this website without first speaking to an attorney licensed to practice in your state.


  4. You can go to jail on both charges! You shoul consult in detail with an attorney about your case.

    Elliot Zarabi
    www.FreeCriminalConsultion.com
    213-612-7720


  5. You need an attorney ! You violated the terms of your probation and face jail time.


  6. In theory you could get violated for the new charge, if there are facts supporting it: getting a ticket has not proven the facts nor the offense. Unless you have a record of violations, or a bad history of alcohol/drug abuse [is your DUI a first time or a 5th time, etc.?], you will probably not be violated but might be given the option of adding some terms in lieu of a violation, like extra AAs or some such thing. Most judges are fairly understanding about succ things. You should not try to navigate these potentially dangerous shoals without counsel, however. And counsel who knows the court and the culture of wherever this occurred.


  7. A ticket and/or arrest doesn't necessarily mean a violation. The DA still has to prove the violation. If you consult a good defense attorney, they can help discuss options

    The above stated is advice only, and does not establish an attorney-client relationship.

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