July 21, 2016

Asked 7/20/2016 – Spring, TX

I am currently on probation for a DWI I got in Travis County until December 2016. I moved to Montgomery County and my PO is in Montgomery County for the DWI. I just got a PI a couple weeks ago in Montgomery County. What is going to happen to my probation? Do I have to tell my PO? I really don’t want to go back to jail.

Answer

A public intoxication charge is a class c misdemeanor, punishable by fine only. Even so, any new offense is a violation of your probation order. I hope you did not just pay the ticket or get time served. If you did, a conviction was entered on the case and it will be within the discretion of your probation officer on whether to return your case to Travis County for a motion to revoke your probation. If the PI remains pending, retain a local attorney and fight like hell to get the case dismissed.

About the author 

Grant St. Jullian III

Bachelor of Science in Chemical Engineering – 1979 Univ. of Pennsylvania
Doctor of Jurisprudence 1982 University of Texas @ Austin
Licensed by the Supreme Court of Texas since 1982.

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