minor in consumption

[colourofcandor]

Hi I am University of Texas at Austin college student. I recently received a minor in consumption.

I was wondering if I had any grounds to contest the citation?

I was not Breathalyzed.

My friends and I were sitting on a sidewalk on my campus. 2 cop cars pulled up and after immediately exiting the vehicle made statements asking us if we had been drinking and asserting they could smell it even while still several feet away. It was somewhat windy this particular night. I believed we were questioned separately but I wasn't really paying attention . the officer who questioned me asked me for my ID and asked me if I had been drinking. I said no I had not. He said he could smell it on my breath which seems ridiculous since I only had 3 cigarettes and some cough syrup for a cough, and a glass of water. His partner wrote me a ticket for an MIC. None of my friends were asked if they had been drinking even though they had actually been drinking. I had had something to drink but does that fact that I wasn't tested give me a chance at all?

Should I attempt to contest? I am in college so I don't have much money; is it worth hiring a lawyer?

 

[sagito327]

Don't contest. It won't work. It's your word against the cops, and to be frank: you're a college student. At Texas no less! But it really isn't a very big deal. You aren't going to be turned down for a job or anything for having an MIC on your record during college. Swallow your pride, pay the ticket and move on.

 

[colourofcandor]

in texas or rather in austin does anyone know what type of punishment I can expect? It's a first time offense.. for anything.

Also if I don't contest should I go with no contest or guilty

should I try deffered disposition? I'm not too sure what that is..

 

[xylene]

Don't worry about your friends.

There is no reason to not try to contest the ticket.

You don't need a lawyer to plead NOT GUILTY.

 

[colourofcandor]

is it a strong defense if I was not tested and I had bronchitis and was also taking very large amounts of over the counter cough medicine to try and quiet my cough?

the cops claimed they smelled beer but no one had been drinking beer which made me think they were full of bs.

 

[xylene]

taking very large amounts of over the counter cough medicine

I wouldn't bring up the large amounts of cough medicine.

That doesn't sound real good either...

Were you dropping DXM?

 

[colourofcandor]

lol no i really do have bronchitis and i ran out of the prescription cough syrup so i took like 6 or 8( i don't remember) teaspoons of robutussin cough because 2 wasnt doing it

i just downed some straight from the bottle before we left my dorm room because my cough was bad.. I basically had a low dose of dmx though at least enough to feel tipsy

my friend brought up a good point um I am technically the III on my social security card and birth certificate but my drivers license doesn't have the III on it so the ticket doesn't actually reflect my name but my deceased grandfathers name.. is there anything I can do with that?

If I plead not guilty how hard would it be to actually get the judge to believe me? If i plead not guilty and am found guilty won't I most likely get a harsher sentence and have to pay more court fees?

If I plead guilty will I have the lighter sentence then if I plead no contest? The semester is almost over and I'd rather have this over and done with before I go back home. I just want it done in the least disruptive way. I wouldn't mind if I just had to pay a fine. But with finals coming up I really don't want to mess with community service or alcohol education. I was reading the possible penalties for an MIC in Texas and the site seemed to Say that I would receive a fine, between 8-12 community service hours, required education, and suspension of license for 30 days. It all seems much ado about nothing when I was just sitting down on the ground while my friends acted like retards. I have some money saved up and would have no problem if it was just a fine of 200-300. It would be a big hit but nothing I couldn't jump back from; it's just money.

If I plead not guilty that means I have to appear at court again at a later date and any community service I receive will be closer towards the end of the semester and finals...

 

[sagito327]

Unless s/he is completely void of any political savvy, the judge will let you postpone your community service until after finals if you were to make such a request. But other than that, I personally do not feel you have ANY chance of winning this case. The fact that the ticket does not mention "III" will not matter. I hear similar things often, and they are silly. "The trooper wasn't wearing his hat" or something like that simply does not work. Your "sentence" isn't going to be anything splashy. You may plead no contest, and that may or may not influence the judge's decision. Honestly it depends on the judge. Try it if you want--because pleading no contest means you haven't admitted any guilt. Again, I would plead guilty, wash some cop cars, and move on.