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Previous dwi, open container

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. Yes this double up could.

    Hire a lawyer and negotiate.


  2. 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. Feel free to check out my web site and contact me at (212) 385-8015 or via email at Eric@RothsteinLawNY.com. The above answer is for informational purposes only and not meant as legal advice.


  3. 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 attorney-client relationship. Be mindful, that answers are limited by the limited facts presented by the questioner and are not meant to take the place of competent legal advice by an attorney fully informed of all the facts surrounding your case. However, be aware that nothing posted in a public forum such as this can be deemed confidential or privileged communication. For a privileged private consultation, contact me at 212-385-8600 or via my website www.southardlaw.com


  4. 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 of your rights.


  5. 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 of your rights.

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