Arrested for MIC

[hsimps]

Okay so i'm 19 and live in Texas. I was at a party and this guy showed up and was tripping on acid. He eventually passed out and went into a coma, so we called the paramedics. A friend and I went and sat in a car so that we weren't in their way. Once they took him to the hospital a cop was looking around and started questioning us. They didn't find any alcohol in the house, but knew it was a house party. We admitted that we had had a few drinks. And by few I mean around 2, and it had been a few hours. They took us out of the car and did the pen test, but no other tests. Not even a breathalyzer. And they then handcuffed us and took us to jail. They also never read us our rights, although I don't know if it were necessary under those circumstances since they didn't question us afterwards. There were 3 guys that stayed in the house and didn't get arrested because of the good samaritan law, even though we were the ones that called the paramedics.

My question is, even though we confessed, is it possible to get that thrown out of court without any other evidence? I understand it was illegal, but I'd like to get in the least amount of trouble possible.

 

[HomeGuru]

Okay so i'm 19 and live in Texas. I was at a party and this guy showed up and was tripping on acid. He eventually passed out and went into a coma, so we called the paramedics. A friend and I went and sat in a car so that we weren't in their way. Once they took him to the hospital a cop was looking around and started questioning us. They didn't find any alcohol in the house, but knew it was a house party. We admitted that we had had a few drinks. And by few I mean around 2, and it had been a few hours. They took us out of the car and did the pen test, but no other tests. Not even a breathalyzer. And they then handcuffed us and took us to jail. They also never read us our rights, although I don't know if it were necessary under those circumstances since they didn't question us afterwards. There were 3 guys that stayed in the house and didn't get arrested because of the good samaritan law, even though we were the ones that called the paramedics.

My question is, even though we confessed, is it possible to get that thrown out of court without any other evidence? I understand it was illegal, but I'd like to get in the least amount of trouble possible.

**A: Huh? what did you guys confess to?

 

[hsimps]

We confessed to having a few drinks when they asked

 

[CavemanLawyer]

Sure it is possible to have the case dismissed due to lack of evidence. It is also possible for you to be convicted by a jury based on little more than your confession. It is impossible to predict what will happen in your particular case or in any other person's case.

MIC is a class C offense and it only requires that you take a sip of alcohol, not that you actually become intoxicated. So while additional standardized field sobriety tests or an intoxilyzer test could have provided evidence of intoxication, not many officers are going to bother with it if they do not detect any clues on the horizontal gaze nystagmus test (ie: the "pen test.") Also the portable breath test that they do in the field is inadmissible in court. As far as you and one friend getting arrested/charged and the others inside the house not getting arrested/charged, your guilt or innocence is unrelated to theirs and officers being "nicer" to some involved parties doesn't equal them being "mean" to you.

In Texas you cannot be convicted for anything based solely on a confession. There must be some evidence outside of your statement that corroborates that statement. This corroboration can be as simple as the police officer noting that he smelled alcohol, but there must be something.

Miranda warnings are only required after you are considered "in custody" and before interrogation. Depending on your particular facts it is possible that the statement you gave was after you were technically in custody so it is possible to have them suppressed but this is a very fact specific issue. Also I hate to appear cynical and jaded but it is almost a universal problem that the Constitution (US or Texas) just doesn't seem to apply to Class C offenses in Texas... at least not in the trial courts. Many JP and muni court judges are not attorneys, and you are just not going to win many motions to suppress if its a close call. It seems the only way to get a fair playing field is to lose and then appeal, which can be costly. It is not at all uncommon for attorneys to just plead their clients guilty and immediately file an appeal bond so that they can work the case out at the county court level (has to be a court that is not "of record.")

Many courts offer a variety of pre-trial diversion programs for alcohol related offenses against minors. My suggestion is go to court and see what they offer you. Then either reset the case or set it for trial (will be up to the prosecutor/court) and consult an attorney in the meantime.

 

[xylene]

Texas has a Good Samaritan Law.

I am not sure if applies in your situation, it would seem one possible avenue of defense.

You need a lawyer.

 

[hsimps]

Okay thanks! I'm not sure about the whole appeal thing so I'll more than likely get a lawyer to help me out.
But just wondering for now. If I plead not guilty, but then am found guilty, would I still be able to do differed disposition? Or is that even an option in this case? Because I'm okay with doing whatever comes with the charges (awareness classes/suspended license) but I'd really like to keep this off my record or be able to have it removed at some other time.

 

[CavemanLawyer]

xylene: Good Samaritan laws generally protect people from civil liability, not for criminal liability. About the only way a good samaritan law could shield someone from criminal liability would be if their charge required that they had a duty of care to someone, which would not be the case with a charge of minor in consumption.

hsimps: If you are found guilty by either Judge or Jury then no, deferred adjudication or any kind of pre-trial diversion is off the table. Actually, its not so much off the table as it is legally impossible. You cannot divert or defer a finding of guilt after a guilty verdict has been returned. If you want diversion (not all courts even offer pre-trial diversion) or deferred probation then you have to do it through a plea bargain.

Whether you are convicted or not you can always expunge (remove) class C convictions from your record after a certain amount of time. A diversion or deferred probation will prevent there from ever being a conviction, however. Also if there is a conviction you may have to report it for certain purposes later on down the line. A conviction may also result in a suspension of your driver's license.

 

[xylene]

xylene: Good Samaritan laws generally protect people from civil liability, not for criminal liability. About the only way a good samaritan law could shield someone from criminal liability would be if their charge required that they had a duty of care to someone, which would not be the case with a charge of minor in consumption.

Umm, Google Bon Jovi's daughter. Of course that was New York and the poster is in Texas.

I'll let Rick Perry explain to his god why they should have just let him seize and get brain damage. Maybe the gov. thinks it would have been better to just shoot the un-XTIAN acid head.

 

[CavemanLawyer]

I was referring to Texas law. Its the only kind of law I know anything about and about the only kind I comment on.

After reading about Jon Bon Jovi's daughter and seeing what kind of law you are referring to, I have to change my previous answer. Texas simply has no such Good Samaritan law at all, or anything similar to it.

Here in Texas we generally refer to Rick Perry as Mr. Goodhair. He's done a lot of good and and alot of bad in Texas and that is pretty much true regardless of what side of legal issues you fall on. He's a strange man and has taken extreme stances on certain issues, including siding with those you would assume would be his mortal enemies. I am pretty certain though that he has never vetoed any sort of Good Samaritan law like the one you bring up in New York and honestly I think Texas is far too conservative to even propose a law like that for Gov. Goodhair to shoot down. So if there is blame here, I think it falls on the Legislature.

 

[NellieBly]

Regardless of guilt or innocence, thank you a million times over for calling the paramedics. There are so many cases where people in the same situation did not.

 

[hsimps]

Okay, thanks so much you guys! I guess I'll just see what the judge offers me and roll with it. It was my own fault so I can't really expect to get out of it. It was more a question for my friend in the situation. He's on probation at our university and will probably be suspended, lose his scholarship, and have to drop out. Which sucks for him.

And yeah we couldn't not help him, regardless of getting in trouble. It just makes me mad that the druggie that dropped acid (and bought more the day he got out of the hospital) doesn't get in any trouble AT ALL and the ones who saved his life get arrested even though we only stuck around to make sure he didn't die.

Oh well, he'll get what's coming to him eventually. Or maybe he'll grow up.

Probably not.

 

[Antigone*]

Okay, thanks so much you guys! I guess I'll just see what the judge offers me and roll with it. It was my own fault so I can't really expect to get out of it. It was more a question for my friend in the situation. He's on probation at our university and will probably be suspended, lose his scholarship, and have to drop out. Which sucks for him.

And yeah we couldn't not help him, regardless of getting in trouble. It just makes me mad that the druggie that dropped acid (and bought more the day he got out of the hospital) doesn't get in any trouble AT ALL and the ones who saved his life get arrested even though we only stuck around to make sure he didn't die.

Oh well, he'll get what's coming to him eventually. Or maybe he'll grow up.

Probably not.

Hopefully you'll grow up to Mr. Kettle.