Mic Alcohol & Drugs: MIP, MIC, Intoxication

QueenKelly · Feb 3, 2002

Minor In Consumption???

I recently recieved a Minor in Consumption ticket in Texas. I was riding in a car with two guys that had been drinking however I was not. The two guys were arrested for warrants. The officer than TOLD me I was drunk and how mucch I had had to drink. I kept telling him I had had nothing to drink, but he told me to stop lying to him. So to stop the conversation I just told him that I had had 1 sip. He gave me the light eye test, but I had been crying and i dont know how he could have come to the conclusion that I had been drinking. He was very rude about it and I am really not sure what to do about court???:

Michael Wechsler · Feb 7, 2002

You should probably plead not guilty. Were you not drinking at all or just not at that time? That makes a difference. If you weren't drinking at all, then you didn't do anything wrong except for being at the wrong place and wrong time. If these guys are your friends then they should be willing to make a statement to the effect that you were not drinking at all. I'd look at the law to see if the prosecution could establish every element of the charge against you. There is scant evidence against you from your post but I don't know the situation. You may want to speak to the prosecutor and have them drop the charges.

There was no breathalyzer test, etc. but it wasn't a good idea to admit what you said. If it's true... don't know what to tell you! If you were intimidated into stating something -- it's possible. You were also bawling so your conduct might corroborate your claim of a great deal of fear which might explain why you said what you did -- the fear of harsher repercussions for stating the wrong answer...

As always, proper advice of counsel is obtained through a full and complete consultation.

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Mic Alcohol & Drugs: MIP, MIC, Intoxication

QueenKelly Law Topic Starter New Member

Michael Wechsler Administrator Staff Member

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