Consumption of Alcohol by a Minor

[CaptainMorgan]

What is the name of your state? Big ol' Texas

So police came to my apartment about me and a few friends shouting at our neighbors across the street. During the conversation of explaining the situation to the police officer I admitted to drinking 4 drinks earlier in the night at a halloween party. As he left he thanked my cooperation with him by handing me a ticket for a MIC. My question(s) were can i get the charge dismissed if i explain i had the drinks more than 4 hours earlier in the night, seeing as the alcohol would of been purified from my system by the officers arrival. And does it make a difference if i was not drinking the beverages in the city/county of which i received the citation. Any other avenues to dismiss this charge would be helpful as well. I don't think my probation officer would like any new charges.

 

[racer72]

Nothing in your post suggests the ticket was not warranted or could be invalid.

I admitted to drinking

That is all the officer needed, everything else is irrelevent. I would suggest hiring an attorney if you want to fight the citation.

 

[CavemanLawyer]

It doesn't matter if it happened 4 hrs ago or 4 mins ago, the State only needs to prove that it happened within the statute of limitations which is 2 years for a misdemeanor like this. All that matters with MIC is the consumption, not whether the alcohol is still in your system when you get caught. If you truly didn't consume the alcohol in the county where you were ticketed, than that would be a defense to the prosecution. Thing is that you are still guilty, they'd just need to refile in that other county instead...and of course this is if the prosecutor believed you. There is no deferred for alcoholic offenses in Texas, so unless the prosecutor is willing to cut you a substantial break and dismiss, you'd just need to set this for trial and have witnesses who will testify that none of the alcohol you drank was ever consumed in that county. It's then up to the judge or jury to believe you or not.