Legal Question in DUI Law in California

Breaking DUI probation, but was not given a citation

I am on alcohol probation for 3 year after recieveing a DUI . The driver of the vechile i was in last night recieved a DUI and there was an open container in the car. I was not given a citation but was told my probation officer would be notified, and I would potentially recieve another misdermeanor. Can this happen if I was not given a citation? Or what is the worst that can happen to me in this situation?

Asked on 3/29/09, 12:24 pm

1 Answer from Attorneys

Steven Mandell Law Offices of Steven R. Mandell
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Re: Breaking DUI probation, but was not given a citation

It's hard to guess what might happen without knowing more information, but if you are on the "typical" DUI probation out of LA County, it is "informal" or "summary" probation and you don't have a probation officer. So the officer's threat to notify your probation officer is hollow and ineffective. However, there are still ways for you to be in trouble, but it seems to me that you would have gotten a citation for any criminal charge that the officer was thinking of charging you with. There are many ways this can come back to affect you, but it's all speculation. You'll have to wait and see if you receive anything in the mail about it. If you'd like to discuss this further, please don't hesitate to contact me. Steve Mandell

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Answered on 3/29/09, 2:00 pm

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