Asked 3/19/2016 – Center Point, TX

I was arrested in Kerr County, Texas last week on March 9, 2016 for Class C Misemeanor with a friend. The offensive was Public Intoxication. My friend and I were stranded on a rural road in Center Point, Texas. His car ran out of gas and we wanted assistance to refill his car with gas.

We had drank but quite a bit earlier before the deputy was at the scene.

A deputy saw the broken down car and detained us.

One deputy separated myself from my friend. I was given a basic sobriety test with a pen light. The deputy does not state if I passed or failed it. No blood/breathalyzer tests were conducted. He immediately places me under arrest for public intoxication.

My friend is later arrested by the other deputy.

We spend a day in Kerr County jail then released on March 10, 2016.

I make a choice of pleading no contest and making a partial payment of the fine for public intoxication in the Kerr County Justice of the Peace Precinct 2 clerk office.

I do not know, if I could request a deferred disposition despite making a plea and partial payment. Can I still request one? A deferred disposition. My case still says “Filed” on Kerr County public records when I did a search.

Answer

Entering a plea and requesting a payment plan as you did results in a judgment of guilty and final conviction on your record. Request for deferred disposition must be made at the time of the plea. A motion for new trial to set aside your plea must be filed within 10 days of the plea. You can talk with the court, but you may want to call a local attorney ASAP.