Legal Question in DUI Law in Texas

MIP in Harris County TX

hi,i am 19 yrs old. I have no criminal or misdemeanor record. i was attending a small party at a friends house, a noise complaint was filed and an officer was sent to the house. The officer did not approach the front door but went down the driveway to the back door of the house. He saw one empty beer bottle and proceeded to call everyone out. There was drinking at the party. I had consumed no alcohol and possesed no alcohol, but i was issued a MIP along with approx. 15 other underage children. There was no one of legal drinking age present(21). I was wondering, did this officer have jurisdiction to charge me with an MIP? i am not sure if i should plead innocent and try to fight, or simply plead a deferred adjudication as it is my only ticket i have ever recieved. Any help is greatly appreciated, thank you.


Asked on 2/21/06, 5:16 pm

1 Answer from Attorneys
ERICK PLATTEN LAW OFFICE OF ERICK PLATTEN

Re: MIP in Harris County TX

Hello there,

If you were not drinking and are not guilty of possessing alcohol you need to plead not guilty.

You will have the option of having either a bench or a jury trial.

I would recommend a jury trial over a bench trial because it is a lot easier to convince six jurors over one judge that is most likely going to take the side of the police officer.

If I can be of any further assistance feel free to contact my office.

Sincerely,

Erick Platten

PLATTEN LAW OFFICE

STATE WIDE REPRESENTATION

STATE WIDE TRAFFIC TICKET DEFENSE

TylerJustice.com

9035939100 office

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Answered on 2/24/06, 2:47 am


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