My question involves criminal law for the state of: Texas
Almost a year ago, I accepted a pre-trial diversion program offer for first-time offenders on a DWI charge. the program involves a year of probation, without a probation officer.
Fast forward to yesterday, I was pulled over for speeding 52 in a 45. In the back seat of my car was a week old twelve pack box of beer, with only two full unopened cans and two opened EMPTY containers. These cans were 100% trash from a number of days prior. I was given a field sobriety test, which I passed, and issued a ticket for an open container. the officer turned the cans upside down in front of the dashboard camera, and NOTHING came out... but he argued that point with me. Then he gave me back the two containers and told me to put them back into my car and throw them away when I got home, which I found strange?
My questions are
1) Does this ticket violate my probation? I assume it does..
2) Is this a charge that I can successfully plea not guilty to?
3) Is there any other way I can avoid violating my pre-trial diversion stipulations?
Thanks for the help

