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kendog744 · Aug 11, 2008, 02:51 AM

I was at a concert the other day and me and my wife were in the mass parking lane entering the parking lot at the greek theatre. A park ranger drove by and said he saw me and my wife driving with 2 open containers which were actually plastic cups with wine in my wife's and soda in mine. Of course he said we both had wine and sited us both with tickets. Im currently on a DUI probation . My question is since I was not arrested
Or tested for alcohol in my system is this an automatic probation violation , and if so what is the punishment ( 2nd dui ). And can I fight this since I was not tested and my wife had already dumpred the alcohol before he got to the car??

abbymimi · Aug 11, 2008, 05:23 AM

Get a lawyer. I know they are expensive, but worth every penney. Most lawyers will work with you on a payment plan. Did the ranger ask you to perform the breathalizer? If you refused, you're SOL. Look on the ticket to make sure he put down the correct information. It depends on what the ticket says. If you have 2 DUIs and are on probation, it is likely that if you fight this in court without an attorney, you will lose. It will be his word against yours. And 2 DUIs leads people to believe the ranger. Especially the judge.

Remember, the economic times are hard for lawyers too. I'm sure their business is down, and some will work out a payment plan. You should ask around for one of the better ones in town.

But if you were drinking wine, which I'm not saying you were, stop! It's don't get drunk and not drive, but it's also don't drink and drive. All of us can have a beer and then drive, but in Massachusetts, if you have 1 DUI under your belt and you get stopped and tested for alcohol and blow a .02, and yes, it is .02, you will get your second DUI. It's not worth it. It is such a small request to ask people not to get into their cars after they drink, just like asking them not to talk on the phone,.

Sorry I preached... :rolleyes:

JudyKayTee · Aug 11, 2008, 06:11 AM

Originally Posted by kendog744

I was at a concert the other day and me and my wife were in the mass parking lane entering the parking lot at the greek theatre. a park ranger drove by and said he saw me and my wife driving with 2 open containers which were actually plastic cups with wine in my wifes and soda in mine. of course he said we both had wine and sited us both with tickets. Im currently on a DUI probation . My question is since i was not arrested
or tested for alcohol in my system is this an automatic probation violation , and if so what is the punishment ( 2nd dui ). and can i fight this since i was not tested and my wife had already dumpred the alcohol before he got to the car ???

Were you ticketed for possession of alcohol or driving with open containers?

And your wife dumped the alcohol? That's one good way to look guilty.