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10-26-2008, 11:27 PM
| | Junior Member | | Join Date: Oct 2008
Posts: 5
| | | public intox
What is the name of your state (only U.S. law)?Texas
I was arrested at a whole foods store...someone saw me drinking a beer in the car...I only had 2 beers...one was open...in car...they said I failed feid sobriety test....BS...want to fight this...what should I do? |
10-26-2008, 11:38 PM
| | Member | | Join Date: Sep 2007
Posts: 713
| | | Either hire an attorney or represent yourself. See if the prosecutor will reduce the charges to something that you know you are guilty of, like open container. If not, ask for a jury trial. If you lose you can always appeal it to county court and get a new trial. |
10-26-2008, 11:47 PM
| | Junior Member | | Join Date: Oct 2008
Posts: 5
| | | police didn't say anything about open container....just wanted to make an arrest I think...this is total bs....I want to fight it |
10-30-2008, 01:01 PM
| | Junior Member | | Join Date: Oct 2008
Posts: 5
| | | now what
I retained an attorney who handles about 10 PI's a month....his advice is to plead no contest...asked for deferred judication....probation....said he will get fine reduced...and judge will dismiss after 180 days.....I told him to request copy of arrest repert..and tape...If I know I can win I might decide to plead not guilty....we will get court pre-trial date ina few weeks where I go before judge...bottom line...I know I was not drunk....but did have 2 empty beers...and one open in car....was parked loading my groceries....also...if I plead no contest...I have heard diff opinions on getting the charge expunged off my record....any thoughts? |
10-30-2008, 04:53 PM
| | Member | | Join Date: May 2003 Location: Austin, Texas
Posts: 853
| | | If you don't want a plea bargain, don't do it. You have an absolute right to a trial.
PI is a class C misdemeanor in Texas. The worst that can happen is you have to pay a fine. You don't need a lawyer, although of course you're free to hire one if you want. If you have a trial, the jury will listen to both sides - your side, and the cop's side - and then decide which one they believe.
You can't reduce a class C, because it's already the lowest level offense there is. You can get a deferred disposition, if you plea bargain, or an acquittal if you win at trial. Either is eligible for expunction. |
11-09-2008, 11:49 PM
| | Junior Member | | Join Date: Oct 2008
Posts: 5
| | | what now
I haven't heard back yet about pre-trial date....attorney sent letter of representation....if judge asks about any other pi's....should I tell him about a pi I had 20 years ago? I had my attorney request arrest report and tape...to see if I should plead not guilty....I only had 2 beers....but open container in car...... |
11-15-2008, 09:01 AM
| | Junior Member | | Join Date: Oct 2008
Posts: 5
| | | asked for arrest report and tape
My attorney asked for arrest report and tape.....reply was the evidence was sent to Attorny General for approval to release to public.....was informed this takes 6 weeks....in the mean time...my pre-trial hearing was set for Dec. 11....my attorney filed a continuance based on awaiting the decision by AG.....2 questions....can the judge deny the continuance without me (defendant) seeing arrest report and tape? Also, do I have a chance to win this ? |
11-15-2008, 11:14 AM
| | Senior Member | | Join Date: Jan 2001
Posts: 12,073
| | Quote:
Originally Posted by ccrood  Also, do I have a chance to win this ? | http://web.ics.purdue.edu/~ssanty/cgi-bin/eightball.cgi
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