A Defendant served 6 months probation for a DUI conviction. While serving his probation sentence, the Defendant had a glass of champagne at his 50th wedding anniversary celebration. The Defendant later confessed to his Probation Officer that he consumed alcohol during his anniversary party. Any consumption of alcohol violated the terms of the Defendant’s DUI Probation and the Probation Officer issued an arrest warrant. The State charged the Defendant with a Violation of Probation.
RESULT: The Defense brought the Client’s case before a hearing. The Defense persuaded the Judge that having one drink at the Client’s 50th Anniversary did not constitute a violation of probation. The Court DISMISSED the arrest warrant and the probation violation.