18 Texas Minor in Consumption

[Growlithe98]

Hello! I was recently given a Minor in Consumption ticket when I was in a car that was pulled over for speeding that contained alcohol in the vehicle. The state troopers searched the vehicle and found alcohol.

I had honestly taken 2 or 3 sips of one beer and stopped drinking, but we were pulled over just as we got in the vehicle to leave. At first I denied drinking but I figured telling the truth would be the best thing to do and I told the officer once that I had taken a few sips. I was given a minor in consumption ticket/sheet of paper and let go.

At this point, I just want to know what my best options are. I was planning on asking for a deferred disposition and doing the requirements to just get the misdemeanor off my record. However, I leave for college that is a 10 hour drive away from my hometown in less than a month and I cannot handle having my drivers license suspended which I read can happen in these cases.

Could I possibly claim not guilty or is me admitting to a few sips completely condone me as guilty? If I choose deferred disposition and am allowed it, is there a good chance that my license would be suspended?

 

[Ohiogal]

Hello! I was recently given a Minor in Consumption ticket when I was in a car that was pulled over for speeding that contained alcohol in the vehicle. The state troopers searched the vehicle and found alcohol.

I had honestly taken 2 or 3 sips of one beer and stopped drinking, but we were pulled over just as we got in the vehicle to leave. At first I denied drinking but I figured telling the truth would be the best thing to do and I told the officer once that I had taken a few sips. I was given a minor in consumption ticket/sheet of paper and let go.

At this point, I just want to know what my best options are. I was planning on asking for a deferred disposition and doing the requirements to just get the misdemeanor off my record. However, I leave for college that is a 10 hour drive away from my hometown in less than a month and I cannot handle having my drivers license suspended which I read can happen in these cases.

Could I possibly claim not guilty or is me admitting to a few sips completely condone me as guilty? If I choose deferred disposition and am allowed it, is there a good chance that my license would be suspended?

If you didn't want your license suspended you should not have broken the law that would get it suspended. Say goodbye to your license. And yes, your statements to the police prove your guilt.

 

[FlyingRon]

You can always plead not guilty. You should plead not guilty unless you have informed legal counsel as to the implications of doing otherwise.

That being said, you were extremely lucky. You could have been charged with DWI and an open container enhancement which would have been much more serious. Yes, a deferred sentence might be your best option. You better expect that you can be suspended. While not mandatory, many judges will as a matter of course. This is why you probably need a lawyer experienced with the particular court you are to be sentenced in.

 

[Growlithe98]

I was not driving the vehicle and the driver had not consumed any alcohol, I was in the backseat. If I were to plead not guilty and be found guilty, would the repercussions be worse than if I asked for a deferred disposition or just plead guilty?

 

[LdiJ]

I was not driving the vehicle and the driver had not consumed any alcohol, I was in the backseat. If I were to plead not guilty and be found guilty, would the repercussions be worse than if I asked for a deferred disposition or just plead guilty?

In that case your license may not be at risk. Get a consult with a local attorney.