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.
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.
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.
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