wrong place wrong time

[thatguy101]

What is the name of your state (only U.S. law) Texas

ok the story goes there was a concert and i went to it with my parents, there i drank a few beers ( with my parents) and im only 19. That night a buddy of mine calls me and asks if i would ride with him to go pick up some of his friends from a party, since it was a 45 min ride, and 2 a.m. he asked me to go along, which i did. We got to the party and within 10 min. it got busted by two local cops who said if we would be honest with them and tell them we were drinking, they would make us pour the beer out and the let us call our parents, but if we said we werent drinking and they tested us, they would take us to jail. So when asked if i was drinking i said yes, where then he wrote me a ticket for minor in consumption. But the whole thing was i wasnt drinking at the party, i was drinking with my parents. Any chance the judge will actually believe my story if i also have my parents come testify with me???

Another thing, this party was in the middle of no where, i mean there wasnt a house in sight but the cops said they got a noise complaint. The thing is they hopped a fence and walked out on the property? is that legal? Then they went and opened a gate for another cop to drive down? Just one of those things where i was in the wrong place at the wrong time...

 

[HomeGuru]

What is the name of your state (only U.S. law) Texas

ok the story goes there was a concert and i went to it with my parents, there i drank a few beers ( with my parents) and im only 19. That night a buddy of mine calls me and asks if i would ride with him to go pick up some of his friends from a party, since it was a 45 min ride, and 2 a.m. he asked me to go along, which i did. We got to the party and within 10 min. it got busted by two local cops who said if we would be honest with them and tell them we were drinking, they would make us pour the beer out and the let us call our parents, but if we said we werent drinking and they tested us, they would take us to jail. So when asked if i was drinking i said yes, where then he wrote me a ticket for minor in consumption. But the whole thing was i wasnt drinking at the party, i was drinking with my parents. Any chance the judge will actually believe my story if i also have my parents come testify with me???

Another thing, this party was in the middle of no where, i mean there wasnt a house in sight but the cops said they got a noise complaint. The thing is they hopped a fence and walked out on the property? is that legal? Then they went and opened a gate for another cop to drive down? Just one of those things where i was in the wrong place at the wrong time...

**A: thanks for your heartwarming story. So you actually want your parents to go to court and testify that they had a few drinks with you at the concert?

 

[mommyof4]

Homeguru....

In TX, it is legal for a minor to consume alcohol as long as his or her parent or legal guardian provides the alcohol and is with them when the alcohol is consumed. The parent can take the minor to belly up to the bar. As long as the establishment allows the practice (most don't for liability reasons) it is legal.

So, yes...having the parents testify that the minor had been drinking alcohol they had provided and in their presence would be a logical question.

The problem the OP has, however, is that he admitted he had been drinking and there is no way to prove that he did not also drink alcohol at the party, which would not be legal.

 

[thatguy101]

yes homeguru because its legal in texas to drink with your parents. I mean the fact that the kid i was with didnt get an M.I.C. and i was the only kid at that party that didnt go to the same school, it should have some backing should it not? Or would i be better off just getting a attorney?

 

[HomeGuru]

yes homeguru because its legal in texas to drink with your parents. I mean the fact that the kid i was with didnt get an M.I.C. and i was the only kid at that party that didnt go to the same school, it should have some backing should it not? Or would i be better off just getting a attorney?

**A: the point is, your parents where not at the party so could not testify that you were NOT drinking at the party. They could only testify that your were drinking at the concert.

 

[mommyof4]

**A: the point is, your parents where not at the party so could not testify that you were NOT drinking at the party. They could only testify that your were drinking at the concert.

Exactly.

 

[Mass_Shyster]

**A: the point is, your parents where not at the party so could not testify that you were NOT drinking at the party. They could only testify that your were drinking at the concert.

Seems to me the burden of proof would be on the state to prove he was drinking illegally.

 

[CdwJava]

Seems to me the burden of proof would be on the state to prove he was drinking illegally.

The inference will be that he had been drinking as he was underage, he was at a party where alcohol was present and being consumed by minors, he smelled of alcohol, and he admitted to having consumed alcohol.

Certainly, he can bring mom and dad in to testify. Whether the court will say infer that he stopped drinking at the party because he said so is hard to say. Common sense says that the drinking continued, but, since when are courts based upon common sense?

- Carl

 

[thatguy101]

well i finally went to the judge, i told him my story and he said as soon as i left my parents custody i became illegal therfore i still got the MIC. The punishment was 12 hours community service, AA meetings,$300 fine, and he suspended my license for 30 days.... honestly i believe thats a little harsh for a first offense! I dont understand why they suspended my license when i went to the party with a kid that was sober and planned on taking other people home? My advice, never get a ticket in texas, they have a tendency to be insane on tickets.

 

[CdwJava]

I imagine that you will remember the punishment. So, in the future, you will hopefully adhere to the rules.

- Carl

 

[MarilynLV]

Hopefully there will not be a second offense, because I'm sure the consequences are worse.