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  1. #1
    Join Date
    Jan 2010
    Posts
    1

    Default Contesting Open Container to Avoid Probation Violation

    My question involves criminal law for the state of: Texas

    Almost a year ago, I accepted a pre-trial diversion program offer for first-time offenders on a DWI charge. the program involves a year of probation, without a probation officer.

    Fast forward to yesterday, I was pulled over for speeding 52 in a 45. In the back seat of my car was a week old twelve pack box of beer, with only two full unopened cans and two opened EMPTY containers. These cans were 100% trash from a number of days prior. I was given a field sobriety test, which I passed, and issued a ticket for an open container. the officer turned the cans upside down in front of the dashboard camera, and NOTHING came out... but he argued that point with me. Then he gave me back the two containers and told me to put them back into my car and throw them away when I got home, which I found strange?

    My questions are
    1) Does this ticket violate my probation? I assume it does..
    2) Is this a charge that I can successfully plea not guilty to?
    3) Is there any other way I can avoid violating my pre-trial diversion stipulations?

    Thanks for the help

  2. #2
    Join Date
    Sep 2005
    Location
    Behind a Desk
    Posts
    98,846

    Default Re: Contesting Open Container to Avoid Probation Violation

    You could face probation violation proceedings due to the new charge. You could potentially defend against the charge, but even if you're acquitted that won't prevent the possibility of a probation violation - the burden of proof for a probation violation is much lower than for a criminal conviction. If you were represented by counsel for your DWI, I suggest getting in touch with your lawyer for advice. It normally makes sense to bring these issues to the probation officer before they find out themselves; odds are the terms of your probation require you to report the incident to your probation officer. Your lawyer should know or be able to determine the terms of your probation, assuming you don't have a printed copy.

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