[kitkitren]

This will be a bit long so I'm sorry; but here goes:

Sadly my boyfriend has had a slightly long criminal past when he was young which he wants to forget. Since he has met me, everything is working out fine; he has a better job & is attending Everest College for Massage Therapy & will be going for chiropracting once he graduates.

Well it all began on Halloween of 07. He was at a Halloween party that my best friend threw; that is how we met. Well he drank but was fine & his mom was bugging to get home while my best friend & I told him otherwise; but his mom insisted since he lived with her at the time. He was driving home when he was in a hit & run. The cops came & they smelled the alcohol, so he got stuck with a DUI. The court gave him 3 year probation along with AA meetings & community service which in October of 08 he finished the AA meetings & community service, but is still on the probation.

This is where I am worried; this Halloween of 08 he was with me trick-or-treating when my best friend called upset since she got in a fight with her boyfriend so my boyfriend & I went to keep her company & cheer her up. She came up with the idea to go to a party that a coworker of hers was throwing & to buy drinks for the party; which we through in the trunk. I was driving & did not know where the house was so I got lost & stopped at a park for her to call her coworker. I was talking to my boyfriend when my best friend went to my trunk & took out the vodka bottle & mixed it with her soda; but she forgot to put the bottle of vodka back in the trunk. She drank almost half of the soda & my boyfriend took 3 sips as she continued to contact her coworker. Not five minutes have passed when the cops came. They told us to stand away from my car as one of the cops searched my car. He found the bottle of vodka on the passenger floor & the soda bottle; which he smelled. My best friend was about to cry since she just starting going to school for LAPD so my boyfriend being too much of the nice guy he is took the rap for her. He has a misdemeanor for drinking on public property now; which we did not know since all of us has seen other people drinking in parks & other places, while I myself got a ticket for opened container in the car & we have until December 19 to deal with it, but my best friend got lucky, the other cop asked her for her I.D. as she was about to get it the cop changed his mind & told her to stand by me.

Tomorrow we are going to court for me to ask for an extension since I don't have the money to pay & for my boyfriend. But I am scared since he is still on probation for the DUI; are they going to extend his probation? Give him more community service & AA meetings again? Ask him to pay his ticket? Or send him to jail? I'm so scared since he was just finally getting his life together & my best friend won't even help!

[JudyKayTee]

This will be a bit long so I’m sorry; but here goes:

Sadly my boyfriend has had a slightly long criminal past when he was young which he wants to forget. Since he has met me, everything is working out fine; he has a better job & is attending Everest College for Massage Therapy & will be going for chiropracting once he graduates.

Well it all began on Halloween of 07. He was at a Halloween party that my best friend threw; that is how we met. Well he drank but was fine & his mom was bugging to get home while my best friend & I told him otherwise; but his mom insisted since he lived with her at the time. He was driving home when he was in a hit & run. The cops came & they smelled the alcohol, so he got stuck with a DUI. The court gave him 3 year probation along with AA meetings & community service which in October of 08 he finished the AA meetings & community service, but is still on the probation.

This is where I am worried; this Halloween of 08 he was with me trick-or-treating when my best friend called upset since she got in a fight with her boyfriend so my boyfriend & I went to keep her company & cheer her up. She came up with the idea to go to a party that a coworker of hers was throwing & to buy drinks for the party; which we through in the trunk. I was driving & did not know where the house was so I got lost & stopped at a park for her to call her coworker. I was talking to my boyfriend when my best friend went to my trunk & took out the vodka bottle & mixed it with her soda; but she forgot to put the bottle of vodka back in the trunk. She drank almost half of the soda & my boyfriend took 3 sips as she continued to contact her coworker. Not five minutes have passed when the cops came. They told us to stand away from my car as one of the cops searched my car. He found the bottle of vodka on the passenger floor & the soda bottle; which he smelled. My best friend was about to cry since she just starting going to school for LAPD so my boyfriend being to MUCH of the nice guy he is took the rap for her. He has a misdemeanor for drinking on public property now; which we did not know since all of us has seen other people drinking in parks & other places, while I myself got a ticket for opened container in the car & we have until December 19 to deal with it, but my best friend got lucky, the other cop asked her for her I.D. as she was about to get it the cop changed his mind & told her to stand by me.

Tomorrow we are going to court for me to ask for an extension since I don’t have the money to pay & for my boyfriend. But I am scared since he is still on probation for the DUI; are they going to extend his probation? Give him more community service & AA meetings again? Ask him to pay his ticket? Or send him to jail? I’m so scared since he was just finally getting his life together & my best friend won’t even help!

It appears that while on probation for DUI (are you in NY?) your boyfriend has been arrested for another alcohol-related offense (drinking in a public place, open container in a public place). His probation can be REVOKED, not suspended, and he could be sentenced to whatever the time in jail would have been had he not been placed on probation. There is no way to know what will happen until you get to Court. He could be placed on probation again and ordered to community service and AA meetings but the Court may take the approach that that didn't work the last time. If he was ordered not to drink and took 3 sips he violated probation despite the classes and community service.

Again, no one knows how the Court will treat all of this.

The Court only knows what your boyfriend said at the scene - not that he took the "rap" for someone else (although it would appear that he, fact, also drank in public, whatever the amount). He also has the problem if he now changes his story of being charged with either impeding a Police investigation or lying to the Police.

Personally I wouldn't attempt to resolve this without an Attorney. At this point in time, depending on the State, depending on the rest of his record, he may very well have problems getting a Massage Therapist license and almost definitely will have a problem passing the Chiropractor "character" background check. I trust he checked into this concerning his previous record before he enrolled in school.

This is a discussion for an Attorney to have with the DA - does anyone want your boyfriend's future to be jeopardized because of this latest incident?

I would try for an adjournment - which probably will be automatic, anyway - and get some legal advice based on the past record, the current charges, the Court climate in your area.

[twinkiedooter]

Your boyfriend needs to inform his PO of the new charge. There will be a probation violation hearing scheduled and his fate will be decided by his original sentencing judge. There could be a lot of different scenerios as far as what will happen to his probation.

[Fr_Chuck]

And he may well want to forget becoming a DC with the ethics issues to get pass, including his earlier problems.

Ok, there is a drinking problem here, He needs to go to AA and take it serous, and you may want to go with him.

What about saying NO, to having any drink in your car, saying NO to going to a party where there is drinking.

It is obvious he did not take his prior DUI serious ( most don't until they start staying in jail)

He needs a lawyer ASAP and he needs to talk to his PO ASAp also.

[blackshield]

I was charged with my first DUI this past summer. Part of my prohbation, which it says on your boyfriends prohbations sheet, is no drinking while I am on prohbation. I live in the state of Ohio and Ohio has some of the toughest laws in the country.

Because your boyfriend is still on prohbation, this is not good, but it could have been much worse, especially if it was another DUI charge.

I would most definitely get a lawyer. The prohbation officer will be able to help you too.