Texas MIC charge. HELP!

[tylermonroe13]

Texas,

I am a 20 year old college student that recieved an citation for minor in consumption. I had not been drinking but almost all of my friends who were present had been. We were at a house having a party and I walked outside to get my phone out of my pickup. When I turned the corner a police officer was standing on the other side of the fence. He told me to walk towards the house and forced me to open the door. The rest of the officers then enterd once I had opened the door. I was given a pen test, put in cuffs, and hauled to the county jail for the night. I was never in possesion of alcohol and was never given a breathalyzer. Nor did I admit to drinking. When I appeared before the jusdge I plead not guilty. On the 19th of this month I have a meeting with the city attourney to discuss my charge. I need to know how I can get across to the city attourney that I had not been drinking. I feel like because I did not admit to drinking and that I was not administrated a breathalyzer that they had no legitimate reason to charge me. I really need some advice. If I dont get this thrown out I am going to lose my privelege to drive. That is not an option. I have to be able to get to school and work. Will someone PLEASE give me some advice on what to do. I would greatly appreciate it.

 

[mlane58]

Duplicate post

 

[tylermonroe13]

yeah I definately feel like the bug right now. I just dont know what to do.

 

[Master Moron]

Texas,

I am a 20 year old college student that recieved an citation for minor in consumption. I had not been drinking but almost all of my friends who were present had been. We were at a house having a party and I walked outside to get my phone out of my pickup. When I turned the corner a police officer was standing on the other side of the fence. He told me to walk towards the house and forced me to open the door. The rest of the officers then enterd once I had opened the door. I was given a pen test, put in cuffs, and hauled to the county jail for the night. I was never in possesion of alcohol and was never given a breathalyzer. Nor did I admit to drinking. When I appeared before the jusdge I plead not guilty. On the 19th of this month I have a meeting with the city attourney to discuss my charge. I need to know how I can get across to the city attourney that I had not been drinking. I feel like because I did not admit to drinking and that I was not administrated a breathalyzer that they had no legitimate reason to charge me. I really need some advice. If I dont get this thrown out I am going to lose my privelege to drive. That is not an option. I have to be able to get to school and work. Will someone PLEASE give me some advice on what to do. I would greatly appreciate it.

I don't see how the officers forced you to open the door. They needed a warrant to search a private residence. Unfortunately, by opening the door it may be looked at as you giving them consent to enter the home and once they saw alcohol in the home. That plus the failing of the horizontal gaze nystagmus test gave them probable cause to arrest. Though, I must ask, was anyone else arrested? There was a party full of people with alcohol everywhere, right? Were there any other witnesses that can testify on your behalf that you weren't drinking?

 

[tylermonroe13]

Well he kept yelling at me to opne the door. I really didnt know what to do. As for whitnesses im not exactly sure. I know of one other person that wasnt drinking and was arrested along with everyone else. I need to contact that individual. But the pen test? The officer didnt tell me if I passed or failed. I mean how hard is it to follow a pen sober. I had no problem with it but I dont think they were too concered. I just dont know what to do about all this. I dont know what legal steps to take.

 

[tylermonroe13]

and yes this is a triple post...I didn't know what to classify this question as so I posted it in two other classifications. I am new to the site and didn't realize that it was looked down upon. So those of you who have seen the other two posts, please bear with me on this one. It won't happen again.