What are the penalties for a drunk in public for someone who is on summary probation for Wreckless Driving?
I was picked up from a nightclub because the club had accused me of running up a 1500 dollar bar tab. This amount is obviously outrageous! It was my birthday and my friends were buying me drinks. I only bought 5-6 drinks. I argued to the bouncers and they called the police and told them I was drunk,...
I was picked up from a nightclub because the club had accused me of running up a 1500 dollar bar tab. This amount is obviously outrageous! It was my birthday and my friends were buying me drinks. I only bought 5-6 drinks. I argued to the bouncers and they called the police and told them I was drunk, not cooperating and that I didn't want to pay my tab. I was arrested. About one and a half years ago I got a DUI witch was reduced to wreckless driving. Along with the conviction I was placed on summary probation. I completed all of the classes that were required, but I failed to completely pay off the fine. When I was arrested for the drunk in public a warrant came up because of the unpaid fine. My question is what kind of punishment will I receive and what should I do? Also, is it worth fighting? P.s. I have two seperate court dates, in two seperate court houses (one for the drunk in public and the other for the warrant about the unpaid fine.)
I live in California
Also, the club gave me my credit card back and there were absolutely no charges on the card...not even for the drinks I really did buy.
I am finsishing college with my B.A. and I already work a fulltime job. One last thing. I don't drink often. It was my birthday! The last time I had a drink was on New Years Eve.
Gotta sort some things out:
You said you were arrested because the bouncers said you were drunk, uncooperative, and didn’t want to pay your tab. So what, exactly did you get arrested for, and how do you know what it was? You should have something available to you that lists the charges you were booked on.
Later in your question, you do say you were arrested for drunk in public, but you also mention the warrant. I’m asking about this drunk in public arrest, because either you were really a jerk to the cops, or they chose to do more work than they needed to…if a guy is so drunk that he’s a problem, AND he has a warrant, everybody I know just arrests for the warrant and disregards the drunk in public charge. An arrest report for a warrant is much simpler than an arrest report for being drunk in public, and it accomplishes the same thing.
But…I’ll assume you have the facts in order, and you were arrested both for the warrant and the drunk in public charge. So now you want to know what punishment you’ll get, what you should do, and if it’s worth "fighting."
What should you do, and is it worth fighting:
It sounds like you aren’t disputing any of these things. If you’re a guy who just wants to apologize to the Court for screwing up and take your lumps, then that’s what you should do. If you’re a guy who isn’t especially interested in being held accountable for what you have and have not done, then fight it tooth and nail and hire a really expensive attorney. You might be able to beat the drunk in public charge…you never know. Seems like it’s going to be a little difficult to beat the warrant, though.
Nobody here is going to know what punishment you’re going to get, for a host of reasons. Drunk in public is a misdemeanor, and you can do up to a year in jail and pay a $1,000 fine for it. That, however, would take an act of God, assuming you even get prosecuted for it (a lot of District Attorney’s offices aren’t interested in prosecuting a guy for a first offense drunk in public charge, except…)
…if you are still on probation and being arrested for drunk in public (or for consuming alcohol) is a violation of your probation. Since you had your DUI reduced to a wet reckless (note spelling), it would surprise me a little if you didn’t have some kind of alcohol-related terms. Plus, as one of the other posters has mentioned, summary probation typically includes an "obey all laws" clause and it would seem you failed to do that…maybe. Violating probation can result in jail time, and you’re kind of at the mercy of the court on that one…there is no truth to the rumor that you will do whatever time your original sentence would have been, had you not accepted probation. You might do more, you might do less. DUI is punishable by 48 hours in jail, but I have seen PLENTY of people violate DUI probation and get five, ten, fifteen, or thirty days in jail because of it.
There’s probably quite a bit more we could talk about, but it would take forever, there are lots of variables, and I’d need more information than you’ve posted, anyway.
I’m a big believer in owning up to what you’ve done, but I’m also a big believer in safeguarding your rights. You would probably do well to at least consult with an attorney and see what you think after that.
get a lawyer…pay your fine off a.s.a.p. you most likely wont get jail time but if you don’t pay the fine you have not completed the terms of your probation and can be held accountable to noncompliance of the probation order.As far as the club goes if you had a tab a credit card number is needed to have a tab going and if you were the one who gave your card up then it will be a tough fight but if they don’t have a hold on your card from that night then you have a great chance of winning.
You are in big trouble. Call an attorney ASAP. Anything you do on probation can put you IN JAIL for the whole time you could have been jailed in the first place. Your drunk in public charge is not as big a deal as the warrant issue–that’s the one your attorney will try to take care of first. If you can get that one reduced (or dismissed), then you’ll be in better shape on warrant issue. You know you should have taken care of the fine, now it will probably double (at least). If the drunk in public charge results in a conviction, then you’ve probably violated your probation (sounds like it wasn’t actually probation, but some kind of conditional continuance) and (depending on what jurisdiction you’re in) could be brought up on the original DUI charge. And you’re looking at (at least) $1000 to an attorney to straighten this out for you. Good luck. Pay cash for your drinks–no more tabs for you.