DUI minor/contest suspension?

undefinedWhat is the name of your state?Texas
My 16 year old daughter was pulled over for speeding by a State Trooper. This is her first offense. I've talked with him and was told that he had planned on giving her a warning ticket (64 in a 55), but thought he smelled alcohol. Asked her to step out of the car, asked her if she'd been drinking and she told him she'd had "a couple of sips". He did the pen light test and asked her to blow. She blew a 0.034. He confiscated her license, impounded her vehicle, issued her a DUI minor, a statutory warning and a notice of suspension temporary driving permit. I've not contacted the JP for a hearing date yet (have 30 days) for the DUI charge. We have 15 days to request a hearing to contest the suspension through DPS. What do I do? Who do I contact first? Do I need a lawyer for either of these hearings? Thanks for any help you can offer.

[rmet4nzkx]

I hope you thanked the officer for his intervention, think of what might have happened if she were not caught at the very begining of her driving career. You have several problems beyond the ticket. By all means get an attorney. What have you done as a result of this episode?

[JETX]

I agree with Rmet on this one.
The officer likely saved your daughter from possible serious injury or death (to herself or others) by his recognizing her problem at the time and taking the appropriate action.

We have 15 days to request a hearing to contest the suspension through DPS. What do I do?

Assuming the facts are as you have presented them, thank the officer and let the license be suspended. After all, that is the appropriate 'punishment' for the infraction. And of course, you will give your daughter an invaluable lesson on mature and responsible conduct and being accountable for her own actions.

Who do I contact first? Do I need a lawyer for either of these hearings?

Obtaining competent counsel would be a reasonable action.

Originally Posted by rmet4nzkx

I hope you thanked the officer for his intervention, think of what might have happened if she were not caught at the very begining of her driving career. You have several problems beyond the ticket. By all means get an attorney. What have you done as a result of this episode?

As a matter of fact, I did thank him. Besides expressing my disappointment in her, all privilages outside of school have been removed. Her restrictions will last as long as her license suspension and after that there will be a new, much earlier, curfew set until my trust in her can be restored. She will do community service whether it is ordered by the JP or not and she is on a payment plan to reimburse me the cost of getting the car out of impound, plus her license reinstatement fee and any other fees incurred due to this, what I call, bad judgement and even worse choice that she made. I am glad that she is admitting that she is guilty and accepting responsibility for her actions.
The part I am so unsure about is the requirement of a lawyer for an appearance before a Justice of the Peace for a Class C mis.

[JETX]

Originally Posted by CNSHOG

I am glad that she is admitting that she is guilty and accepting responsibility for her actions.

Goes to show that her parents are smart and responsible. Congratulations, sounds like you have a 'good one' that just 'strayed' from the path.

The part I am so unsure about is the requirement of a lawyer for an appearance before a Justice of the Peace for a Class C mis.

Though I would always recommend an attorney when facing criminal charges, since you are presumably not going to try to challenge the ticket(s), I doubt that an attorney would be justified in a JP setting. Most of the JP's I know have pretty much standard 'punishment' rules that they follow, attorney or not. Personally, I believe that if your daughter admits her errors, and her parents stand beside her, that would go a long way to helping the court make any decisions.... more so than having an attorney intervene.

Get an attorney. The following people who left replies should not be listened to.

[Shay-Pari'e]

Originally Posted by jkov420

Get an attorney. The following people who left replies should not be listened to.

That's funny, because JETX is an attorney, and you are responding to an old thread, and the origional poster is long gone.

[JETX]

Originally Posted by jkov420

Get an attorney. The following people who left replies should not be listened to.

Jakoff, you are a JOKE!!
First, you post what Michigan does on a thread about Maryland. And now you can't even offer anything of value to an old, dead thread!!

I have dealt with JETX before. He/she is a COMPLETE moron. I destroyed him and his "special friend" in the past and then suddenly something strange happened to my account and I could no longer log in here. They have no lives and so they sit all day at this site responding to DUI questions (22k+ posts??? does somebody need a life???).

Anyway, YES you should get a lawyer for your child. Remember, these things stay on a driving record for several years. Insurance will be costly for years to come because of stupid stuff done as a child (when you are stupid). Don't let this one thing ruin her financial life for years to come...

JETX, go to therapy or whatever you need to do to deal with your issues.

[JETX]

Originally Posted by bily458

then suddenly something strange happened to my account and I could no longer log in here.

No surprise there. Want it to happen again???