My son is 17 and received an MIP in Texas. His school had just won an important football game and he wanted to be with his friends. He went to a party being held on someone else's property, in a field. The police showed up and many of the people there scrambled and ran into the woods and were not pursued. My son stayed because he was not drinking and thought he had done nothing wrong. He felt that if he ran he then it would look like he was guilty. The police began questioning those remaining and began giving out MIPs. My son was not caught drinking or holding alcohol and when questioned stated that he had not been drinking. The officer wasn't very interested in anything he had to say and began writing him an MIP. My son requested a breathalizer and was refused. My son then demanded a breathalilzer and was still refused. There were several witnesses to this, but they are all underage and several received MIPs that night also. I am not sure how credible they would be condsidered.
I know the statute in Texas says "Except as provided in Subsection (b) of this section, a minor commits an offense if he possesses an alcoholic beverage" but what exactly does "possession" mean?
Do you think we have a chance getting this dismissed due to the fact that he wanted to prove his innocence by taking the breathing test and was denied or is he guilty by just being in the wrong place at the wrong time?
I know the statute in Texas says "Except as provided in Subsection (b) of this section, a minor commits an offense if he possesses an alcoholic beverage" but what exactly does "possession" mean?
Do you think we have a chance getting this dismissed due to the fact that he wanted to prove his innocence by taking the breathing test and was denied or is he guilty by just being in the wrong place at the wrong time?