Legal Question in Criminal Law in California
I recieved a ticket for consumption of an alcoholic beverage in a public place (FMC 7.17.010) and I'm currently on informal probation for a DUI, will I have to do time?
1 Answer from Attorneys
A standard term of probation, whether it's formal or informal, is that you are to violate no laws. A new conviction could subject you to additional punishment for the violation. If it's a first time DUI, you have 6 months hanging over your head while you're on probation.
You've got to focus on beating the new case or getting it dismissed, reduced or otherwise dealt with so it doesn't become a conviction. If you're not convicted for the new case, you could technically still face probation violation charges, but most judges won't bother if you beat the new case.
It also matters if there are any other grounds to violate your probation. Are your fines and fees up to date on payment? Have you completed the alcohol school? Have you done the MADD panel (if it was required), etc.
I practice in Orange County. If you're looking to discuss this further, give me a call.
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