I think i have a fightable case... plz help

[steevienicks10]

I got a Minor in Consumption ticket in arlington texas. I have never gotten one in arlington before. They DID NOT breathalize me or have me do a field sobriety test. They asked if i had been drinking and i said, "I just came from that party". I never said yes. Can i fight this? If so how?

 

[CdwJava]

Consumption does not require inebriation. It may be sufficient to show that the officers testify that the your breath had the odor of alcohol. And, if a citation for possession (often the same code section for consumption) was issued, and you were at a party where the alcohol was flowing freely and you had dominion and control over it,then that might be sufficient as well.

First,you will want to find out the specific statute under which you are being charged. Then you can look up that code section to determine what it is the state must show in court to prove their case.

 

[ElvinMelvin]

They asked if i had been drinking and i said, "I just came from that party". I never said yes. Can i fight this? If so how?

Saying "no" would have been better.

You can plead not guilty.

The officer will then have to articulate his reasons for issuing the citation. Absent the breathalyzer/FST, I would imagine he will say something along the lines of "I smelled a strong odor of alcohol on the defendant's breath and the defendant admitted to having just come from a party." (Did the officer happen to see liquor being consumed at this party? He would then be able to say that you admitted you were at a party where alcohol was being served).

Then you will say, "Yes, your Honor, I admitted to having just come from a party, but I had not been drinking."

Then the judge will decide who he believes.

 

[cyjeff]

I got a Minor in Consumption ticket in arlington texas. I have never gotten one in arlington before.

So where did you get one before?

This will come into play in your trial.