Alcohol & Drugs: MIP, MIC, Intoxication Texas MIP-Alcohol

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remington8189

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I am a 20 yr old male in texas. I was riding home from a bar with my friend who was pulled over and given an mip. The cop searched the car and found a old alcohol container in the door panel of the passenger seat. It was a few girls who rode to the bar with us and left it there, i had a sip from it before the bar and had not touched it since. The officer gave me an mip for alcohol and an open container citation. When he wrote the ticket he put my sex as female instead of male and let me ride home with a friend who came to get me. The cop did not see me touch the beverage, nor could it be a fresh drink as he followed us out of the bar and we had no other alcohol in the car. I did not drink at the bar and i was not breathalized. Any information on if this is valid or if their is a chance that the ticket will not be recognized due to the wrong sex on the ticket would be great. Thank you
 
The ticket will be fine... police are allowed to make simple mistakes from time to time.
You can go to court and try to argue your case. Like it or not, you were actually in possession when the officer contacted you, but a judge is the person you need to convince now.
 
I agree with Mightymoose on this.

I don't know about Texas, but in some states an MIP is now a misdemeanor, so perhaps you could try to reduce it to a civil infraction, like "open container."
 
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