Alcohol & Drugs: MIP, MIC, Intoxication Minor in Consumption- TX

[Lemonhead55]

I recently got a ticket for minor in consumption of an alcoholic beverage. I am 20 years old, and was at a college party when it happened. The cops rolled up, and obviously we all had put our cups down by the time they actually go to the door (we were outside the apt.). They asked who was 21, and told everybody to sit against the wall and give up our ID's. Needless to say I got a ticket for MIC and on the ticket it says under remarks "alcohol on breath". The officer never smelled my breath, or even talked to me without being at least five feet away. He only came close to me to get my ID and give me my ticket. I went to court yesterday and am probably going to plead Not Guilty. The prosector said that the state has to prove beyond a reasonable doubt that I was drinking to be found guilty. Anyone think I have a good defense? Is it worth it or should I plead no contest, because this is my first offense? Also, there was a keg outside so just by being by a keg am I guilty? Thanks for any help

 

[charlesesq]

I recently got a ticket for minor in consumption of an alcoholic beverage. I am 20 years old, and was at a college party when it happened. The cops rolled up, and obviously we all had put our cups down by the time they actually go to the door (we were outside the apt.). They asked who was 21, and told everybody to sit against the wall and give up our ID's. Needless to say I got a ticket for MIC and on the ticket it says under remarks "alcohol on breath". The officer never smelled my breath, or even talked to me without being at least five feet away. He only came close to me to get my ID and give me my ticket. I went to court yesterday and am probably going to plead Not Guilty. The prosector said that the state has to prove beyond a reasonable doubt that I was drinking to be found guilty. Anyone think I have a good defense? Is it worth it or should I plead no contest, because this is my first offense? Also, there was a keg outside so just by being by a keg am I guilty? Thanks for any help

I think you've got a handle on your defense. I'm curious to hear how everything turns out.

The officers were a bit lazy here and just gave out summonses to everyone in the room. You may want to ask the officer if he has any notes with regard to any of the activities that he performed with regard to you, or did he just obtain your driver's license.