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If You Have A DUI probation with a prior theft of liquor on probation record, Would that mean that i cant go in a bar?

San Francisco, CA |

3 year dui probation , pass conviction was mistameanor as well stealing liquor. changed my ways i don't even drink anymore, but i have friends i wanna hang out with. can anyone help me with my question? i just don't wanna get in trouble. In California Can you go to a bar while on probation? i've heard different answers maybe someone can help me out.

Attorney Answers 3

Posted

No you cannot go without permission from your PO. The alcohol terms of probation usually include that you stay away from premises that serve alcohol as their main business (as opposed to a restaurant).

Why put yourself into harms way?? You are playing with fire and you know it. How long have you been clean and sober?? Are you in a program like AA? If not, why not? That would be a better use of your time than going to bars with people who are still drinking.

This answer does not, nor is it intended to, create an attorney-client relationship or constitute attorney advertising. Rather, it is offered solely for information purposes. Since the facts of each case are different, it is critical to consult with qualified counsel with whom information can be shared and assessed under an attorney-client privilege, so that competent advice can be obtained on which you can make informed decisions.

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Posted

Generally, Alcohol or DUI probatiion has a term of not to possess or consume alcohol or illegal drugs. Check the specific terms of your probation to see if it specifically includes the prohibition to visit bars. If there is no such term check the general terms of your.probation. if there is no suvh prohibition then check with your PO. If PO says it is okay to visit bars but not to possess or consume alcohol. Then it is okay. However, make sure there is no alcohol within your lungable reach. Being with friends at a table at a bar places you at a high risk of violating the possession of alcohol prohibition. So be smart stay away from bars and be with friends who abstain from alcohol or illegal drugs.

All the Best

No attorney client relationship is established or intended. Contact a local lawyer for specificity as to the facts in your case. This is for general information only. Check our website for more information as to disclaimers and information herein

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Posted

As an attorney who ACTUALLY PRACTICES IN CALIFORNIA (Hey AVVO, why are you letting attorneys who don't practice in CA comment on CA law, hmmmm?) you should know that...it depends. What do your probation papers say? In which state is your charge? In CA, most DUI probation includes a clause which, in essence, says no bars or liquoir stores - anyplace serviing or selling alcohol. You need to look closely at your paperwork to be sure. You can get it from any clerk's office, or if out of state, get it faxed or mailed to you at a nominal cost. If this doesn't answer your question feel free to contact me thru this site. Good luck.

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5 comments

Anthony John Colleluori

Anthony John Colleluori

Posted

Hey AVVO, why are you letting attorneys who don't practice in CA comment on CA law, hmmmm?) Because the attorney got the answer right and because the person wanted an answer as soon as he could get one. Counselor, this issue has been debated through and through. In the few times out of state attorneys get it wrong, instaters with class correct the issue by adding nuance to the answer something along the lines of "Counselor XYZ gave the correct general rule however I'd like to clarify his point about..." Avvo is here for us to help clients, and each other.

Chris J Feasel

Chris J Feasel

Posted

An "attorney with class" wouldn't answer a question simply to get free advertising with these stupid Avvo points. Your "advice" is ridiculious because you clearly don't know how things work here in CA. Unless this person committed a felony, he will be on informal probation, meaning he won't have a PO to check with, a fact you would know if you practiced here. I'll make you a deal - I won't comment on NY law, and you don't give people in CA bad advise.

Anthony John Colleluori

Anthony John Colleluori

Posted

You are not only classes, your not to wise either. I've been answering questions here since the day the site began. I don't need "Free Advertising" and I didn't spend my whole career putting people in jail. You are a jonny come lately and YOU are here to get the free advertising. I am here to keep people informed and frankly out of jail which I have done for my WHOLE career. As for bad advice (yes Chris it is spelled with an C not an S) my anwer was the same as yours. we both said there were likely alcohol conditions and we both said that he would have to stay away from taverns and liquor stores. You added some information. Good that is what is supposed to happen here. You got YOUR points (which is clearly all you cared about) now go back and decide what kind of lawyer you want to be, someone who reaches out and helps others, or some mercurial moron that cares only about his marketing and not a whit about his profession. By the way, please do comment about NY Law, just do it with a little class.

Chris J Feasel

Chris J Feasel

Posted

First, it's "ClassLESS" and "You're", spell check and grammer aren't something I'm sure they check for on the NY Bar. Second, if you are here to "keep people informed" you are doing them a disservice by commenting on matters you have no experience in. Have you ever even been to California (and I'm not talking about Disneyland). If not, then you have no clue about how we do things here. Random tidbits about the law and things you remember from law school don't help you. I would suggest staying out of the CA forums where you clearly have no clue what you're (proper grammer here, note) doing, and back to NY.

Anthony John Colleluori

Anthony John Colleluori

Posted

I am not going to continue to teach you manners. It is clear not one adult in your life has succeeded in this effort (if one was ever made) Yes I have practiced in California courts, yes things are different in California, and no my answer above stands as completely correct while your "contribution" stands as clarifying mine. I will comment on things I know about, LIKE THIS QUESTION, in any forum I like. Let me know if you ever grow up.

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