A
Aggie04
Guest
First off, thank you for your time. I have been charged with a minor in posession/consumption ticket in Texas. About ten of my friends and myself(ages 18 and 19)were sitting in the driveway to my brother's house on our farm when a police car drove by, which does not happen much were we live. Since some of these people were drinking, we went inside the house just in case. However, this caught the attention of the officer, who turned around and parked in front of the house. My brother and his roommate are both twenty-two years old and weren't home at the time, but I had permission from him to be there. The officer outside inspected the grounds while waiting for more officers to arrive. By the time they came to the front door there were about 7 officers total from four different departments. They knocked on the door, and I answered, and they asked why we had gone into the house when he drove by. I responded that I didn't want anyone to get in trouble for things they shouldn't get in trouble for. Most of the people planned on spending the night, and the ones who planne on leaving were sober. We had about six of our cars in the driveway, but mine was not one of them. The officer had seen beer cans in one of my friends truck and asked if anyone in the house was 21. I responded "No." The officer then asked if there was any alcohol in the house, and knowing that we personally did not posess anything in there I said "No," even though I knew that my brother or his roommate almost certainly had something in the house. He then asked whose house it was, and I responded that it was my family's house and my brother was living there. He then asked if he could come in and look around, but I asked him if he had a warrant and he said no. When I would not let him in the house he told us that I should because to him it appeared there was a burgulary happening. I reinforced whose house this was. He then reinforced unless I could give him proof that this was our house that we were committing burgulary. He asked for my parents phone number, and then asked to borrow my phone. I let him and he called, and my mother gave him permission to search the house. This was at about 1:30 AM. Searching the house the officers found two large bottles of liquer and several beers, but there were no open containers. Around the time the officers were taking the alcohol outside another officer from the Texas Alcoholic Beverages Commission arrived. He spoke briefly to the officers on the front porch, then came in with a breath alcohol tester. He asked if anyone wanted to volunteer to go first or if he would have to choose himself. I volunteered, and my result was high enough to be charged for the consumption charge. The officer continued testing everyone until he ran out of tubes for the device. He then allowed the remaining three people to take what I call the "pen test," which they all passed. However, I researched ont the internet and found that under the Texas Administrative Code, Title 37, Part 1, Chapter 19, Subchapter A, Rule 19.3 (available http://info.sos.state.tx.us/pub/plsql/readtac$ext.TacPage?sl=R&app=9&p_dir=&p_rloc=&p_tloc=&p_ploc=&pg=1&p_tac=&ti=37&pt=1&ch=19&rl=3) that a person administrating such a test must remain in the presence of the subject for a period of at least fifteen minutes before administrating the test. However, I am nearly certain that he was not. To make sure, I randomly asked the other people who received tickets if they had remembered how long the TABC officer had been there before giving the test. They all answered that he had pretty much just walked in before I told them of what I had found on the internet. Before the officers left they broke the bottles of liquor and emptied the beer, which I estimate at probably about $75 dollars worth of my brother's and his roomate's alcohol. I cannot afford an attorney. I am set to appear before a judge this week. Do I have reasonable defense against these charges or should I suck up and take what is coming to me? Again, thank you for your time and any suggestions that you may give to me.