Asked 6/17/2016 – Austin, TX

I was sleeping in the back of my friend’s car on the way home. When my friend mentioned to me that we were getting pulled over for speeding, I realized there was an open bottle of liquor on the floor. I panicked and immediately tried to hide the container, however, the cop noticed and questioned why I was fiddling around in the back. Being honest, I told him that I got scared and tried to hide the bottle, even though the bottle was the driver’s (who is over 21). Regardless, he gave me an MIP ticket. I also received a Public Intoxication ticket in another county, but I was able to get those charges dismissed through deferred disposition.

Now have 2 questions:
1) Is there a case that an attorney can actually defend to give me a good chance of getting the charges dropped? Or should I just plead no contest and attempt to go through another deferred disposition program?
2) One lawyer mentioned that I could get a written affidavit from the driver in the car, stating that the alcohol was his and that he had no intention of giving any to me. How viable is this defense in getting my charges dropped?

Answer

Yes, an attorney can defend you. Yes, you can obtain an affidavit from the driver. What the prosecuting attorney will do with the affidavit is anyone’s guess. These are fact questions you are discussing, not defenses, and fact questions are to be determined by juries and judges. If you think you are not guilty, set your case for trial. If you don’t want to take that risk, work out a plea. Talk with a local attorney and go from there.