ExpertLaw.com Forums

Open Container in Texas on Foot (of Age +21)

Printable View

  • 04-12-2010, 04:54 PM
    nsline
    Open Container in Texas on Foot (of Age +21)
    I was recently given a misdemeanor citation for what I think is "Consumption of alcohol in public / Open container in public." I'm not sure what the exact charge is because I cannot read the violation and the citation has not be processed. Anyway, I was stopped by a random police officer while I was in possession of an open container (but I am over 21 years old) on the street. I immediately stopped and complied with everything he said. I gave him my ID, and he wrote the citation, took the open container, and I was sent on my way. So, a bit too much drinking anywhere abroad and not fully understanding the laws back here got me into trouble in Texas...

    Will I need a lawyer to represent me? The only violation says (the best I can read / interpret) "OR-T on ID Alcohol AKA 4 (or maybe 1 or 7)" with no other remarks or comments marked.

    What sort of charges am I facing? Class C misdemeanor or is it worse... class A or B? But I was not arrested, nor given a sobriety test or anything like that. What should I do / who should I talk to? I do not want this to go on my permanent record. I have no prior convictions besides a speeding ticket or two, and I am of legal age (22 years old).

    I have little knowledge of the court system, but this is what I'm guessing I should do / what will happen from every source I could find:

    On the court website in the fine schedule there is a misdemeanor charge called "Alcohol Prohibited in City Areas," would this most likely be what I received a citation for? They also have something about "early" and "standard" fine? What is this because there is absolutely no explanation? Am I just facing a fine (and how much will court fees be on top of the fine??), and can I do something along the lines of deferred adjudication or deferred disposition to prevent it from appear on my permanent record?

    Also, one final note, I cannot make my scheduled court appearance because I have 2 exams that day, one during the court time. Who should I talk to / can I go to court earlier and take care of this with a DA or the judge? Please help!?! I just want this all to disappear as soon as possible!

    **Random Update: The zip code is incorrect on my ticket, however everything else is correct... what do I need to do to correct this / is this a problem?

    Please let me know, I am really concerned and unsure of what to do. The citation has not be processed yet so I am left in confused and concerned.

    Thanks
  • 04-15-2010, 09:08 PM
    Mr. Knowitall
    Re: Open Container in Texas on Foot (of Age +21)
    If you want a lawyer to represent you, it's your right to retain a lawyer. You may qualify for a court-appointed lawyer, depending upon your means and local practices. As you're unfamiliar with the judicial process, it would make sense for you to at least consult a local lawyer.

    You are cited for whatever you're cited for. I can't guess wildly at what that might be - look at your citation and see. Your fines and penalties will depend upon your ultimate convictions or sentence. The availability of diversion programs and deferral can vary by county.

    You would talk to the clerk of the court (or your lawyer) about adjourning your court hearing. Depending upon court practices they may accept (for example) a letter with proof of the exam schedule, with a copy sent to the prosecutor, or they may want a formal motion.
All times are GMT -7. The time now is 03:51 AM.
Powered by vBulletin® Version 4.2.4
Copyright © 2023 vBulletin Solutions, Inc. All rights reserved.
Copyright © 2004 - 2018 ExpertLaw.com, All Rights Reserved