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    crystalp's Avatar
    crystalp Posts: 8, Reputation: 1
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    #1

    Sep 6, 2009, 06:08 PM
    Public intox while on probation
    Walking 2 blocks down the street the cops stopped me after admitting to had been drinking they gave me a breathilizer and a ticket to appear in court for public intoxication. I am currently on felony probation. I wasn't doing anything besides walking, I wasn't stumbling, nor causing any problems. I knew not to drive. My conditions on probtion is not to consume exsessive amounts of alcohol. Am I facing some big trouble? Do you think I could be facing going back to jail? I know no one knows exactly what's going to happen but I'm just looking for an idea? Maybe past expeirnces etc... :eek:
    twinkiedooter's Avatar
    twinkiedooter Posts: 12,172, Reputation: 1054
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    #2

    Sep 6, 2009, 08:04 PM

    Sorry to inform you that when you are on felony probation you are not to drink ANY alcohol - not just excessive amounts! If that was the case, every felon could still consume alcohol and not be violated. But that is not the case. You definitely violated your probation by drinking alcohol and then getting a ticket for it regardless if you were just "walking" down the street - you were still intoxicated publicly and got the ticket. You need to tell your PO about the ticket because if you don't and they find out that's another violation. You will probably have to attend a probation violation hearing before your original sentencing judge. At that time the judge will determine if he wants to keep you on probation at all, give you more probation, or put you in jail for the duration of your original sentence.

    What happened to "your daughter" who was 6 months pregnant back in June and was on felony probation? If she was the one caught drinking in public - shame on her as she is drinking while pregnant.

    Or are you one and the same?
    crystalp's Avatar
    crystalp Posts: 8, Reputation: 1
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    #3

    Sep 6, 2009, 09:16 PM
    Quote Originally Posted by twinkiedooter View Post
    Sorry to inform you that when you are on felony probation you are not to drink ANY alcohol - not just excessive amounts! If that was the case, every felon could still consume alcohol and not be violated. But that is not the case. You definitely violated your probation by drinking alcohol and then getting a ticket for it regardless if you were just "walking" down the street - you were still intoxicated publicly and got the ticket. You need to tell your PO about the ticket because if you don't and they find out that's another violation. You will probably have to attend a probation violation hearing before your original sentencing judge. At that time the judge will determine if he wants to keep you on probation at all, give you more probation, or put you in jail for the duration of your original sentence.

    What happened to "your daughter" who was 6 months pregnant back in June and was on felony probation? If she was the one caught drinking in public - shame on her as she is drinking while pregnant.

    Or are you one and the same?
    She has had the baby and had a sitter... also just pulled her conditions of supervision by the state of Ohio and it does not say one thing about alcohol consumption. The ticket yes I agree however with it not stating about drinking and these are the rules she follows then how could she violate by drinking on probation? It says drugs but not one word on the alcohol.
    JudyKayTee's Avatar
    JudyKayTee Posts: 46,503, Reputation: 4600
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    #4

    Sep 8, 2009, 09:21 AM

    Are we talking about you or your daughter? If she was publicly intoxicated - or you were publicly intoxicated, either one or both of you - and were ticketed/arrested a crime has been committed and either one of you, whichever we are talking about, has violated probation.

    (Good catch, Nohelp.)
    reid01's Avatar
    reid01 Posts: 9, Reputation: 1
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    #5

    Sep 8, 2009, 11:06 AM

    In Florida you can drink if you are on felony probation as long as you do not get drunk. You can not drink if you are on drug offender probation, drug offender probation also comes with a curfew. Most of the time it is 7pm. You can also violate probation just from comining in contact with law enforcement. (asking directions for instance) just depends on your po. Good luck

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