Asked 8/16/17 – Laredo, TX

We were pulled over for a traffic stop. Officer said speed. 39 in a 30… My friend who was driving was asked to step out of the car, and he did. The backup cop came to my window and asked me for my driver’s license. I explained I did not have one. That I had my state ID and my VA ID as we are both vets. He then said he needed to see my driver’s license. Once again I told him I did not have one. It had been suspended as of my birthday in 2016. He said that my friends was suspended so he needed to mine. I told him not true as I know his license was valid. It came back valid. The officer took both ID’s and gave back my VA ID. The originating officer asked me to step out of the car. I complied.

The did a search, and in the back on the floor they found an can of beer open, and I guess empty…. They asked who’s it was. We both denied. Because it was on my side in the back. He wrote me a citation for it. Instead of putting it on my state ID. He wrote it to my suspended driver’s license number. PC 49.031 is the citation infraction. Ticket says Search/no, Consent/no, Contraband/no, no of passengers 1 video stop Traffic only..

Answer

See Texas Penal Code Section 49.031 for the law dealing with possession of an alcoholic beverage in a vehicle. Read the statute, and if you believe you are not guilty of the offense, enter a plea of not guilty to the allegations and have a trial. Good luck.