Legal Question in Criminal Law in Texas

Found not guilty of original offense - does inventory of vehicle stand

A simple question and I hope to find a response. I was arrested for public intox while sitting in my disabled vehicle. I was subsequently found not guilty of the public intox. I still have to face the charge of open container that was found in my vehicle. It was in a nylon bag in my passenger seat. The officer himself did not find it. While they were towing the vehicle the help that I called to assist me with my vehicle arrived. They picked up the bag from the vehicle where the trooper then took it advising where did you get that and found the bottle. My question is since the original offense was found to be not guilty does the officer not lose the probable cause of the arrest therefore lose the inventory of the vehicle and ability to charge me with that offense.


Asked on 6/17/06, 2:45 am

1 Answer from Attorneys

Gerald R. Yoakum The Practice of Gerald R. Yoakum, P.C. A Full Service Law Firm

Re: Found not guilty of original offense - does inventory of vehicle stand

The burden for conviction is higher than the PC you could argue your point to the jury but I would try and work out the case.

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Answered on 6/17/06, 11:41 am


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