Legal Question in Civil Rights Law in Texas

minor in consumption

my daughter was given a ticket for minor in consumption. She was in the car with her boyfriend and his mother. The mother was driving not drinking, had not drank and they did not have alcohol in the car. My daughter had drank part of a beer earlier at the home of her boyfriend in the presense of the parents. I was not with them but my daughter was asked to get out of the car and they gave her a breath test. It registered a .02. They did not test the other two people in the car. She was in the backseat and being cooperative. I do not understand why they would do that if she wasn't drinking in public and she didn't have anything in the car, and also she was with a parent who was driving and not drinking. I do not want this on her record. What are our options to getting this dismissed. The officer told me they could have just called me and not given her a ticket, but because her boyfriend said that ''this is stupid'' for treating her this way, they wrote her a ticket. I feel that this is not right and extremely unfair. She was not drunk or rude or uncooperative. They made the kids get out of the car and also gave her boyfriend a public intox citation with no breath test. They were not drunk, or causing trouble and with a parent.


Asked on 8/04/08, 11:04 pm

1 Answer from Attorneys
Roger Evans Mathis & Donheiser

Re: minor in consumption

Your daughter engaged in criminal conduct. The attitude of her boyfriend did not help her, but you would be wise to counsel your daughter not to drink alcohol until she is 21. If she drank this time, she probably has other times and the results could be much worse. Her mother was apparently aware of her conduct.

By the way, a .02 reading is not just "part of a beer."

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Answered on 8/05/08, 12:24 am


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