Alcohol & Drugs: MIP, MIC, Intoxication Texas MIP- busted party but no possession

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awilcox

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This is in Texas.

10- 16, 17, 18yo's had a party at a girls house whose parents were out of town. we assume neighbors called the sheriff dept for noise. my son was at the party.
the sheriffs drove down to a creek, parked their cars and walked up to the house. the party was inside the house and my son was sitting on a rock wall outside talking with a friend. he looked up and the sheriff was standing over him. my son does not drink. he does smoke mj but was not at the time. my son tells me there was enough alcohol inside the house to inebriate a small third world country and that several of the girls, including the hostess were very drunk. my son is 16.5 yo and does not yet have his driver's license. he was unable to leave the party (it was in an extremely remote rural area) because he did not have a ride and was unable to reach me to come get him. the officer told him he'd been drinking and he corrected him and said he had not. he asked for a breatholyzer and was told he could not have one unless he was transported to the jail because the sheriff does not carry them in the car (???????? the same car parked a mile down at the creek). no field sobriety test. he was not holding any cups, glasses, bottles etc.
he was accused of being a smart ass and sarcastic so he apologized and sat down while they processed the other kids. i eventually recieved a phone call and went to get him as did other parents. all the kids were given MIP tickets with $350 fines, 12 hrs CS and told they cannot get a driver's license until the y are 19. (uh, no.)

my son recieved deferred adjucation and 6 months probation last year for possession of paraphenalia and mj under 1/2 oz. this is he absolutely did do.
he did 100 hours of community service at this school, a $100 court cost fine,
6 mos probation which he finished this past april, and a mj course.

i am divorced but his father and i are friends. his father and a friend of mine both think we should fight this. my son has been punished at home for not trying harder to get in touch with me and get out of there, butdad and i do not think this MIP should stick.

thank you in advance for any thoughts you may have.
 
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