What is the name of your state (only U.S. law)? texas
at an apartment party at nine o'clock make one mixed drink of exactly one ounce of vodka mixed with 8 ounces of sprite (i used to bartend so i know how to measure out my liquids quite well) drink about half of it before spilling it all over my shirt. the police come to the apartment more than likely for a noise complaint. ten people all underage on the porch drinking beers rush into the apartment and lock the door behind the cops and don't bother to tell any one else that the police are out side. about thirty minutes later the police officer at the door decided to bang on it as hard as he could, that's when the people who slammed the door on his face told the owner that the cops were out side and started to find places to hide. long story short the police come in ask for ages and ID's. make the owner of the apartment poor out every single bit of alcohol in the apartment then have her open the doors to her bed room, closet and bathroom to find all of the folks who were hiding. the do field sobriety tests on those who said that they had absolutely nothing to drink and let them go. i didn't say that i did or did not have anything to drink because i knew that it had not been an hour since i consumed so it was definitely in my blood. when the police start lining every one up to write citations one comes to me and asks if i had anything to drink. i told her yes i had about a half of a mixed drink earlier, she does the eye test tells me that i was good, has me take nine steps heel to toe then turn around and do it again once again told me i was good then told me to take a deep breathe and blow into her face, so i did. she told me that she could not smell it on my breathe but smelled it on my clothes. needless to say she wrote the citation, i signed and left with a friend.
this is where my situation starts, when i get into the car i start looking at the ticket and see that she wrote "alcohol/marijuana" and checked "paraphernalia found"??? apparently one of the girls who went before me had a bag of pot and a pipe in her purse and was taken to jail for it.
1.i need to know if that "marijuana" and "paraphernalia found" will worsen the penalties? and if so if there was any way to prove in court that i did not have any pot of pipes on me and that i DON'T smoke pot. I'm not trying to beat the MIC because i know i had it in my system and i admitted it to the police officer, but i refuse to have the word marijuana on my record because i have and never will touch the stuff.
2. what are the penalties for an MIC in Texas? i know there is a fine not to exceed $500 and that I'm going to have to take AA classes. is there anything else that is going to happen to me? I am just worried about having my licensed suspended, can it happen? and what are the chances of it happening?
at an apartment party at nine o'clock make one mixed drink of exactly one ounce of vodka mixed with 8 ounces of sprite (i used to bartend so i know how to measure out my liquids quite well) drink about half of it before spilling it all over my shirt. the police come to the apartment more than likely for a noise complaint. ten people all underage on the porch drinking beers rush into the apartment and lock the door behind the cops and don't bother to tell any one else that the police are out side. about thirty minutes later the police officer at the door decided to bang on it as hard as he could, that's when the people who slammed the door on his face told the owner that the cops were out side and started to find places to hide. long story short the police come in ask for ages and ID's. make the owner of the apartment poor out every single bit of alcohol in the apartment then have her open the doors to her bed room, closet and bathroom to find all of the folks who were hiding. the do field sobriety tests on those who said that they had absolutely nothing to drink and let them go. i didn't say that i did or did not have anything to drink because i knew that it had not been an hour since i consumed so it was definitely in my blood. when the police start lining every one up to write citations one comes to me and asks if i had anything to drink. i told her yes i had about a half of a mixed drink earlier, she does the eye test tells me that i was good, has me take nine steps heel to toe then turn around and do it again once again told me i was good then told me to take a deep breathe and blow into her face, so i did. she told me that she could not smell it on my breathe but smelled it on my clothes. needless to say she wrote the citation, i signed and left with a friend.
this is where my situation starts, when i get into the car i start looking at the ticket and see that she wrote "alcohol/marijuana" and checked "paraphernalia found"??? apparently one of the girls who went before me had a bag of pot and a pipe in her purse and was taken to jail for it.
1.i need to know if that "marijuana" and "paraphernalia found" will worsen the penalties? and if so if there was any way to prove in court that i did not have any pot of pipes on me and that i DON'T smoke pot. I'm not trying to beat the MIC because i know i had it in my system and i admitted it to the police officer, but i refuse to have the word marijuana on my record because i have and never will touch the stuff.
2. what are the penalties for an MIC in Texas? i know there is a fine not to exceed $500 and that I'm going to have to take AA classes. is there anything else that is going to happen to me? I am just worried about having my licensed suspended, can it happen? and what are the chances of it happening?