Passenger Charged Over Driver's Alcohol - What Should I Do
My question involves criminal law for the state of: Texas
Last night I was in the truck with two of my buddies and we were headed out to his house JUST to hang out.
We got pulled over for passing a stopped emergency vehicle. The officer then followed normal procedure. License and Insurance blah blah. Well then he came back and asked him to step out of the vehicle. So he did. And I didn't hear all this, but this is what my friend told me after the whole situation was all over with. The first thing the officer asked was if there was any alcohol or anything he should know about in the truck. My friend, being the honest guy he is, told him about the case of bud light in the floorboard.
I didn't know until right then that there was a case of beer in the truck. Had I known, this may never have happened. But because of this, all three of us got charged with an MIP. We are all under 18, and it was just the three of us.
The alcohol did not belong to me, I did not possess it. I was just in the proximity of it and had no intention of drinking it. What should I do? I don't want this to turn into a fight. Should I just plead guilty, pay the $250 fine, and get it taken off my record later? Or plead not guilty and pay more for a lawyer?
Re: Passenger Charged Over Driver's Alcohol - What Should I Do
The law is pretty basic. You should hire a lawyer to represent you, if you disagree.
Quote:
Sec. 106.05. POSSESSION OF ALCOHOL BY A MINOR. (a) Except as provided in Subsection (b) of this section, a minor commits an offense if he possesses an alcoholic beverage.
Re: Passenger Charged Over Driver's Alcohol - What Should I Do
You did possess it. Ownership is irrelevant. In Texas (and many other places), if you have access to it, you have constructive possession. There's also nothing in the state law that precludes multiple minors from being charged for possessing the same bottle.
However, the constructive possession can be challenged in some circumstances. You should not just plead guilty if you are not guilty. It's always better NEVER to have been convicted than to try to clear a conviction later. You should at least consult with an attorney to see if he thinks you have a chance in the court you are going to be tried in.
Re: Passenger Charged Over Driver's Alcohol - What Should I Do
The best solution would be for the driver to testify it was his and you n the other guy were not aware. Better for one to fall, than all three.