Minor in consumption - Texas

[apostasyxviii]

What is the name of your state (only U.S. law)? Texas

Last night, I was leaving a party and walking home with a friend. We crossed a street when the light turned yellow and the walking signal was a flashing hand and two cops pulled us aside because we 'disregarded pedestrian traffic signals'. However at the time, i was holding a beer, and i am only 19 years old. My friend is 21 so he simply got a ticket for 'disregarding pedestrian traffic signals' but i got that in addition to a minor in consumption charge. However, i'm wondering if the severity of this case is less than i think. The cops actually don't have a proof that I was drinking the beer, they didn't ask if I had been drinking, they never saw me drink it, and they didn't give me a breathalizer. they just poured the cup out, wrote me a ticket, and left. Would it be possible for this to be changed into a minor in possession misdemeanor since there wasn't any proof i was drinking it? Regardless, both of these are class c misdemeanors and if i've done my research correctly, it looks like if i take the classes, do the community service, and pay the fine that i can get this expunged from my records. Is this accurate? The most important thing in all of this is getting it off my record in anyway possible.

Also, this is happening a month before summer. And in exactly a month I will be leaving texas to go to my home in Albuquerque, New Mexico (i go to school in austin). What happens if i'm not in texas to take the classes or do the community service? can they postpone it until i get back in august? or could they have me do it in New Mexico? i appreciate the help.

 

[mistoffolees]

What is the name of your state (only U.S. law)? Texas

Last night, I was leaving a party and walking home with a friend. We crossed a street when the light turned yellow and the walking signal was a flashing hand and two cops pulled us aside because we 'disregarded pedestrian traffic signals'. However at the time, i was holding a beer, and i am only 19 years old. My friend is 21 so he simply got a ticket for 'disregarding pedestrian traffic signals' but i got that in addition to a minor in consumption charge. However, i'm wondering if the severity of this case is less than i think. The cops actually don't have a proof that I was drinking the beer, they didn't ask if I had been drinking, they never saw me drink it, and they didn't give me a breathalizer. they just poured the cup out, wrote me a ticket, and left. Would it be possible for this to be changed into a minor in possession misdemeanor since there wasn't any proof i was drinking it? Regardless, both of these are class c misdemeanors and if i've done my research correctly, it looks like if i take the classes, do the community service, and pay the fine that i can get this expunged from my records. Is this accurate? The most important thing in all of this is getting it off my record in anyway possible.

Also, this is happening a month before summer. And in exactly a month I will be leaving texas to go to my home in Albuquerque, New Mexico (i go to school in austin). What happens if i'm not in texas to take the classes or do the community service? can they postpone it until i get back in august? or could they have me do it in New Mexico? i appreciate the help.

If they're both class C misdemeanors, why do you care what the charge is?

Take your classes and do the community service. If it is impossible to do them before summer break, you can ask the judge for additional time, but he may not grant it.

Your record will not be automatically expunged if you take the classes and do community service. It may be possible to get it expunged, but you should really have an attorney for that.

I really suggest having an attorney for any criminal charges.

Oh, and do yourself a favor and stop walking around carrying alcohol in public. That's an incredibly stupid thing to do - especially as a minor.