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    Str3tch's Avatar
    Str3tch Posts: 1, Reputation: 1
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    #1

    Oct 29, 2009, 02:20 AM
    Underage Drinking while on Probation
    I was at a party tonight and while I was there I only consumed one beer. A few moments later the police shows up. They asked for everyone's I.D. and made everyone who was under the age do a breathalizer test. I told the police I did have 1 beer, and then blew out 0.010. They took me and 4 other under age friends of mine to the station and gave us under age tickets.

    Now here is where it get's complicated. I was placed on 1 year probation on 10/29/2008, EXACTLY one year from when this occurred. The odds. But I looked up my court record online and it say's '"Disposition: 11/10/2008 283 PAID THRU PROBATION", but the court date was on 10/29/2008. Now, to get even more ironic. My court date for the ticket is on 11/10/2009, which is exactly one year from when they say I was placed on probation. But I paid my court fee's and such RIGHT after I walked out of court (on 10/29/2008). So long story short...

    1.) When would my probation have started? 10/29/2008 or 11/10/2008?
    2.) Think the judge would give me slack since I'm near my deadline?
    3.) Possible jail time? Community Service? License Provoked?
    4.) Should I hire a lawyer?

    Any sort of help would be much appreciated. Thank you.
    JudyKayTee's Avatar
    JudyKayTee Posts: 46,503, Reputation: 4600
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    #2

    Oct 29, 2009, 06:22 AM

    I wouldn't go into this without an Attorney.

    The practice in my area when probation is involved for "it" to start one year from the Court date or the disposition, not from the date of arrest. I'm not clear on which date you are using.

    If you violated the Judge will not care if it's one hour before probation ends or one month - it's still a violation. You obviously didn't learn the first time so the Court may decide now is the time to make an impression on you.

    What State?
    twinkiedooter's Avatar
    twinkiedooter Posts: 12,172, Reputation: 1054
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    #3

    Oct 29, 2009, 01:11 PM
    Quote Originally Posted by Str3tch View Post
    1.) When would my probation have started? 10/29/2008 or 11/10/2008?
    2.) Think the judge would give me slack since I'm near my deadline?
    3.) Possible jail time? Community Service? License Provoked?
    4.) Should I hire a lawyer?
    1. 11/10/08
    2. No way any slack will be given.
    3. Possibly all 3 since this is your second offense.
    4. Absolutely.

    Why would you think this is complicated? Because you paid your fine early for the other matter?
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