QUESTION
What can I do if I was issued a minor in consumption ticket without being tested or asked if i was drinking?
Asked on Nov 17th, 2013 on Criminal Law - Texas
More details to this question:
I got my ticket in Alpine, Texas. I am 19 years old and was at a 21 and up bar, they did not ID me when I walked in and I was not drinking but I was holding my boyfriends beer. A cop came up and asked to talk to me. All he asked me was my age and I told him 19. He then called for backup and said that I was getting a ticket. I was under the impression it would be a minor in possession since neither officers gave me a breathalyzer or field test. I was not even asked if I had been drinking. The ticket turned out to be a minor in consumption and I feel that I can fight it but I am not sure if these reasons will do me justice. Also, on my ticket the officers got my ethnicity wrong saying that I am Hispanic when I am actually white. Can this help me in any way?
1 ANSWER
Administrative and Public Attorney serving Houston, TX
at
Eutsler Law Firm
Update Your Profile
You are correct in that factually, you are not guilty of the charged offense. It should have been minor in possession. However, the officer who wrote the ticket might give testimony that he smelled alcohol on your breath, which, if believed, would convict you. There is also a two year statute of limitations, so the case could be refiled correctly during that period. The ethnicity error only goes to the officer's credibility. It alone does not cause the case to be dismissed.
Answered on Nov 21st, 2013 at 9:39 AM