March 16, 2016

Asked 2/15/2-16 – Weatherford, TX

I’m 16 and I went to a get together at a friends house. I had one beer. Two hours later we decide to go to the store and we get pulled over a police officer comes and talks with me and says have you been drinking tonight? I said yes I had one beer 2 hours ago. He says, okay are you sober? I said yes sir you can give me a sobriety test and a Breathalyzer if you want I’m completely sober. He says no need I believe you. He writes me a ticket on the spot for Minor In Consumption and had my dad come pick me up. His “evidence” was he smelled alcohol on my breath. I was chewing gum there’s no way.

Answer

If “there’s no way”, how did the officer know you were drinking. The statute for minor in consumption is Texas Alcohol and Beverage Code, Section 106.04. Contact a local attorney; the are ancillary consequences regarding your driver’s license on matters like htese

About the author 

Grant St. Jullian III

Bachelor of Science in Chemical Engineering – 1979 Univ. of Pennsylvania
Doctor of Jurisprudence 1982 University of Texas @ Austin
Licensed by the Supreme Court of Texas since 1982.

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