MinorInConsumption

[eeinahpetss]

Texas

Hello, I received a minor in posession at a bar when I was holding a drink, I'm currently on probation for a minor in consumption in another county drinking at my house, any advice? Any way to fight it? (A breathalizer or test of any kind was not performed.)

 

[Antigone*]

Texas

Hello, I received a minor in posession at a bar when I was holding a drink, I'm currently on probation for a minor in consumption in another county drinking at my house, any advice? Any way to fight it? (A breathalizer or test of any kind was not performed.)

YOU were at a bar, YOU were holding a drink, YOU are underage...what do you think you're going to fight???

 

[eeinahpetss]

thanks for the great advice!

 

[Antigone*]

thanks for the great advice!

You're welcome

 

[cyjeff]

Texas

Hello, I received a minor in posession at a bar when I was holding a drink, I'm currently on probation for a minor in consumption in another county drinking at my house, any advice? Any way to fight it? (A breathalizer or test of any kind was not performed.)

I am guessing you are a slow learner.

Anyway, if the police officer SAW you in possession, that is all that is necessary.

Yes, this arrest will influence the first court case.

Now, since you appear to be poor at pattern recognition, STOP DRINKING. YOU AREN'T SMART ENOUGH TO DO IT WITHOUT BEING CAUGHT. YOU ARE GOING TO FUBAR YOUR LIFE BECAUSE YOU WILL FINALLY GET ENOUGH OF THIS LITTLE TICKETS FOR A JUDGE TO JAIL YOU.

 

[CdwJava]

Texas

Hello, I received a minor in possession at a bar when I was holding a drink, I'm currently on probation for a minor in consumption in another county drinking at my house, any advice? Any way to fight it? (A breathalizer or test of any kind was not performed.)

A breath test or field sobriety test is not required. Besides, this is a crime of possession and consumption, not inebriation.

Now, if the crime you are charged under requires consumption you are certainly free to argue that you had bought the alcohol (or someone bought it for you) and that you never drank any of it. Though either argument would implicate you in another crime - and possibly implicate someone else. So, if the statute under which you are charged deals ONLY with consumption and the officer never saw you - and no witnesses saw you - drink the alcohol, then you might prevail. But, if you are charged with POSSESSION, then you will lose as the officer saw you holding the alcohol.

Ultimately, this is a problem for you. And, you need to change some behaviors lest this become a pattern.

Do you happen to know the statute under which you are being prosecuted?