Previous dwi, open container

Asked almost 3 years ago - Alfred, NY

I got a dwi last January and was sentenced in August The other night I was on the street and my buddy asked me to hold his beer. I am NOT on probation, however, they said im on conditional discharge. The cops rolled up and gave me an open container. I was wondering if this is going to have an affect on the dwi charge.

Attorney answers (5)

  1. Eric Edward Rothstein

    Contributor Level 20

    1

    Lawyer agrees

    Answered . It probably depends on how your local court system works. In NYC, it is unlikely that the Court or DA would find out about a summons for open container - or even care if they did find out. If a smaller community, it is certainly possible that the Court or DA could find out and care. If your name was misspelled, that would make it harder for the computers to make a match but if the community is small enough, word of mouth could be enough.

    I am a former federal and State prosecutor and now handle criminal defense and personal injury/civil rights cases.... more
  2. Richard C. Southard

    Pro

    Contributor Level 19

    Answered . Typically on open container tickets, you are not fingerprinted, so the criminal court judge monitoring your conditional discharge is not likely to get notified. If you have reason to believe the judge will get notified, then hire counsel and fight the open container summons.

    All answers are for information purposes only. Answering this question or any future questions does not form any... more
  3. Carl Scott Spector

    Pro

    Contributor Level 11

    Answered . Your first order of business is to fight the summons so that you could try to prevent a violation of the conditional discharge. There may be many grounds available to you to fight the case. Perhaps the officer fails to show up in court, etc.
    Second, depending on the municipality you may not even be subject to a violation even if found guilty.
    Please consult with a local experienced attorney.

    Note: For informational purposes only. Seek an in person consultation with an attorney to be informed about all... more
  4. Carl Scott Spector

    Pro

    Contributor Level 11

    Answered . They may, and if he does not appear perhaps the judge will dismiss the case the first or second time.

    Note: For informational purposes only. Seek an in person consultation with an attorney to be informed about all... more
  5. Alan James Brinkmeier

    Contributor Level 20

    Answered . Yes this double up could.

    Hire a lawyer and negotiate.

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