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What are ways I could violate my court probation? I was told many things but i feel it was to scare me.

San Jose, CA |

Like for example: If i'm a sober driver transporting a friend that is drunk I could get trouble and drunk in public too.

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Attorney answers 4

Posted

I would take the court's warnings seriously. There are some obvious ways to violate probation. The first is to drink and drive again. A major no-no that will result in a new arrest and probation violation. The other common way to violate probation is to drive while your license is suspended. Make sure you're enrolled in a drinking driver program AND have gotten a restricted license from the DMV before driving. That will require you to enroll, get insurance and pay a re-issue fee to the DMV. Then you're good to go.

When in doubt, look at your probation order issued by the court. That has the warnings on it. If you don't have a copy, go to the court, see the clerk, and get a copy.

Good luck.

Posted

Please understand that this is a general discussion of law by a Washington lawyer and does not create an attorney/client relationship.

I would read the judgment and sentence, or whatever document the court gave you, that tells you HOW to comply with probation.

To answer your specific question. if the order says something like "do not associate with alcohol users" or "do not be in the presence of alcohol" or if you are under 21 (and being the presence of alcohol would be breaking the law), then you would put yourself in the best position by NOT transporting a drunk friend and/or being drunk.

I urge you to contact a defense attorney in your state to ask for specific answers about the conditions of your probation.

Posted

#1 Way, getting arrested for a new offense.

#2 Driving on a suspended license.

#3, Driving outside your restriction

#4 Doing anything the court told you that you can not do.

#5 Driving with .01 (not .08) level of alcohol in your system

#6 Driving without insurance.

Those are the top 6 ways that I see regularly. #1 is the catch all. Look over the paperwork. If the judge said not to be around drunks, then you can't be. If he didn't and you didn't break the law by any of the above, then you would be okay in your hypo.

Good luck and remember, although I am a California attorney that does cases on occasion in San Jose, the above is general information and not specific legal advice since I was not present at your sentencing, nor have I read your paperwork.

Matthew Williamson
www.MontereyDUI.com

Posted

Mr. Williamson, as usual, has great info. Another item to be aware of is that as of this year if you are stopped by an officer and have any alcohol in your system the DMV will take your license for a minimum of 1 year no matter whether there is a court case or not.

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