Legal Question in DUI Law in California

dui probation violation

I picked up a friend at a party in a public parking lot. When I got there I herd ''the cops'' and everyone began to run. I thought I had nothing to fear so I didnt run. No one in my car was drunk or had any alcohol. Ive had a dui before and beleave me I learned. The police gave everyone the same ticket ''open container'' I told him there was nothing in my car. He ppointed at one on the floor and said its the same thing. I didnt want any problems so I got my ticket and left. With my past dui on record, If I was drunk I'm pretty sure they would have tested my bac and took me in. but i dont do that anymore. They also changed my court date to a later date than everyone else. Could they use their pleas against me? and can I use the people in my cars as witnesses cuz that is the only defense I think I have? other than the fact that I was on a parking lot and not a highway or street. I'm really not guilty. Ive been too careful to just lose everthing over something I didn't do.


Asked on 7/02/09, 6:01 pm

3 Answers from Attorneys
Michael Stone Law Offices of Michael B. Stone Toll Free 1-855-USE-MIKE

Re: dui probation violation

If "everything" is at stake, and you're not guilty, fight like hell.

Your lawyer will be able to call the other people as witnesses and have them subpoenaed into court.

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Answered on 7/02/09, 6:05 pm
David M. Wallin Law Offices OF David M. Wallin

Re: dui probation violation

My suggestion is to run, not walk, into a lawyer's office. It takes less evidence to find one in violation of probation than to convict of a new offense. As a Former Deputy District Attorney and Certified Criminal Law Specialist, my office has handled 100's of these type of matters and I'm sure we can answer your questions and direct you as to the correct thing you should do. Contact me thru my website at www.wallinlaw.com. David Wallin

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Answered on 7/02/09, 6:26 pm
Laura Akers Laura Akers, Attorney at Law

Re: dui probation violation

One of the conditions of your DUI probation is that you remain law-abiding. If there was an open container in your vehicle on the floor, then the police could write you for that. Yes, you can have someone else who was with you testify that was their container that they'd dropped. A probation violation is different from a new crime, and the probation department could pursue the violation and drop the underlying case.

Be sure and talk over your options carefully with a defense attorney before entering any guilty pleas. Good luck!

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Answered on 7/02/09, 6:31 pm


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