I am a 18-year-old male residing in Texas; and I was sitting in the front seat passenger side of a friend's brother's vehicle back in July of 2001. His brother (an adult) was sitting on the driver's side with an open can of beer sitting in his cup holder console to the left of me.
My male friend and another male (both minors) were sitting in the back seat with two more open cans of beer. A minor female
was also sitting in the back seat - a total of five (5) persons and a total of three (3) open cans of beer inside the vehicle.
I did not sip or drink any beer....I was just in the "wrong place at the wrong time."
But when the deputy sheriff appeared, I along with the other two minor males were cited for a "MIP" even though the adult driver stated to the deputy that the beer was his...and that I had not been drinking. The other two beers were found in the back seat
floor by the other two males' feet. The minor female was not issued any citation. No breath-analyser was performed or even
suggested and/or requested. This was the first time something like this had ever happened to me and I was in a state of shock.
Needless to say, on looking back...I learned a valuable lesson from all of this.
I pled "not guilty" at the hearing and requested a trial date. The judge informed me that the law states that everyone (minors) in the vehicle is cited for MIP when an open container is involved. But if that is the case, why didn't the female receive a citation? The judge responded that the female minor should have been cited a MIP, also.
I will be contacting an attorney very shortly for legal advice, but in the meantime, do you think I have a case?
My male friend and another male (both minors) were sitting in the back seat with two more open cans of beer. A minor female
was also sitting in the back seat - a total of five (5) persons and a total of three (3) open cans of beer inside the vehicle.
I did not sip or drink any beer....I was just in the "wrong place at the wrong time."
But when the deputy sheriff appeared, I along with the other two minor males were cited for a "MIP" even though the adult driver stated to the deputy that the beer was his...and that I had not been drinking. The other two beers were found in the back seat
floor by the other two males' feet. The minor female was not issued any citation. No breath-analyser was performed or even
suggested and/or requested. This was the first time something like this had ever happened to me and I was in a state of shock.
Needless to say, on looking back...I learned a valuable lesson from all of this.
I pled "not guilty" at the hearing and requested a trial date. The judge informed me that the law states that everyone (minors) in the vehicle is cited for MIP when an open container is involved. But if that is the case, why didn't the female receive a citation? The judge responded that the female minor should have been cited a MIP, also.
I will be contacting an attorney very shortly for legal advice, but in the meantime, do you think I have a case?