open container in public...violation of probation?

[dcarrillo25]

What is the name of your state (only U.S. law)? california

I got cited for having an open container with beer in public on 4th of july. i'm 10 days away from being off of probation for a DUI i got in 2005. is an open container citation a violation of probation? if so, what's going to happen?

[paguy88]

Originally Posted by dcarrillo25

What is the name of your state (only U.S. law)? california

I got cited for having an open container with beer in public on 4th of july. i'm 10 days away from being off of probation for a DUI i got in 2005. is an open container citation a violation of probation? if so, what's going to happen?

this is just a wild guess... I don't live in cali.. but I would asume not consuming any booze is part of your probation...


and you got cited for a open container..


so I would say yes...

many cali people on this board that can give you a solid anwser...

[RatPackLar]

You are in deep doo on this. The terms and conditions of your probation said, no drinking, and you did, and you got caught.

They could just yank it, and make you serve the original sentence handed down. Probation is given in lieu of jail, meaning you do what we tell you to do, and we will not put you in jail, you screw it up, we will put you in jail.

Now will they, who knows, only ask your Lawyer, he can tell you what might happen, and he cannot give you hard pat answers.

10 days out, and you put yourself in harms way, not smart.

It will most likely, depend on your probation officer, and if he or she, wants to hit you, or not hit you.

If you were not supposed to be drinking, and you kept telling them, you were not drinking, and then you get caught drinking, hmmmmmm, not good for you.

Only your PROBATION OFFICER, can tell you what might happen.

If they hit you on this, then you better get a LAWYER, cause you are gonna need one.

10 days out, and you put yourself in a situation like that and you get nailed.

Hmmmm

[dcarrillo25]

i don't have a probation officer because it's an informal probation.

[RatPackLar]

You had a chance, you blew it. They could, informal your ass, right into jail, for screwing that up.

Tell us, what did the INFORMAL probation officer say, that would happen to you, if you screwed it up?

See, you do that crap, they know, you have probably been drinking during all your probation, when they told you not to drink.

They could pop you, and toss you right in JAIL and THEN extend your probation, cause you screwed up, and got caught again.

Plus they are gonna hit you on the new charge, and since you are on probation, and have priors, they might just hit you harder.

Now you have something new to think about.

Food for thought!

[CourtClerk]

Call the probation office and ask for the AOD (agent of the day). Tell then you got a ticket. Will they send you to jail? If this is the only thing you've gotten caught for (because we all know you've violated your probation a million times already), then no they won't.

[dcarrillo25]

thank you for your actual useful advice, courtclerk. i will do that first thing tomorrow.