consumption of alcohol by a minor

What is the name of your state? Texas

I received a citation for consumption of alcohol by a minor. I had a few drinks previously before I received the ticket, but was not showings signs of being intoxicated. I was given a field test and was told by one officer that I had been drinking. Another officer responding to the call believed that I had not been drinking. I said, "that I had not been drinking". There was no alcohol in the cab of the vehicle, but were emptys in the back of the truck. The emptys were from the driver who was of age. The driver was questioned if I had been drinking and the response was, "no". The officers asked us to call someone to drive us home and we did. I then received the citation and went home.

My question is what is the law in this case sense the only evidence is the officers discretion and possible presents of alcohol on my breath, which is questionable?

chadchafin said:

My question is what is the law in this case sense the only evidence is the officers discretion and possible presents of alcohol on my breath, which is questionable?

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How old are you? The word of an officer is often enough evidence in a case like yours.

response to answere

The ticket was for consumption of alcohol by a minor. I was not consuming alcohol at the time nor was there any presents of alcohol in the cab. As far as anybodYs concern I could have been drinking coff syrup.

You didn't answer my question.

I had a few drinks previously before I received the ticket, but was not showings signs of being intoxicated.

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Thus you were cited for consuming the alcohol. The officer apparently smelled the alcohol on your breath and cited you for that. Unless an element of the offense is that alcohol is on your person or in your possession at the time of contact, you are done ... well, if the officer can convince a judge that he smelled the alcohol on your breath.

And I note that you lied to the officer about your drinking so I can only presume you will lie under oath in court as well since that it your ONLY chance to prevail. A man of character would not lie under oath ... let us hope you are a man of character.


- Carl

AND, depending on your age you may be charged as an adult!

response to answere #2

Rebuttal to responses
1) You said, "Officer can convince a judge that he smelled the alcohol on your breath". Thats if the officer showes up! Ok, my defense would be that I was in the visible presence of a guardian, which is true (Teaxs penal code 106.04).

2) Do not give me the speech of man of character. That is irrelevant to my question. I am not asking for ethical guidance, thanks legal counslor.

3) My age? 17

106.04. CONSUMPTION OF ALCOHOL BY A MINOR[0]. (a) A minor[0] commits an offense if he consumes an alcoholic beverage. (b) It is an affirmative defense to prosecution under this section that the alcoholic beverage was consumed in the visible presence of the minor's[0] adult parent, guardian, or spouse.

chadchafin said:

Rebuttal to responses
1) You said, "Officer can convince a judge that he smelled the alcohol on your breath". Thats if the officer showes up! Ok, my defense would be that I was in the visible presence of a guardian, which is true (Teaxs penal code 106.04).

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Someone who is 18 is NOT your guardian. Unless mom, dad, or other legal and responsible guardian was present, this would not help you.

2) Do not give me the speech of man of character. That is irrelevant to my question. I am not asking for ethical guidance, thanks legal counslor.

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Okay ... legal terminology then - remember the word, "Perjury".


- Carl