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I was charged with public intoxication in Dallas, TX and was

 

Customer Question

I was charged with public intoxication in Dallas, TX and was given a ticket for around 300 Usd. The charge was made without any alcohol test. What do you recomend me to do if I dont want this thing on my record? Pay the ticket? Got to court? I cant afford to spend on lawyers and I dont want this to be a long process.

Thanks for the help!

Best

 

Optional Information:
Country relating to Question: United States
State (if USA): Texas

Submitted: 266 days and 12 hours ago.
Category: Criminal Law
Value: $48
Status: CLOSED
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Expert:  JB Umphrey replied 266 days and 12 hours ago.

Welcome and thank you for your question!

I am sorry to learn of your experience. If you pay the ticket, the offense will go on your record.

What evidence did the officers have to issue the ticket? They did not need to perform an alcohol test but they need to have some evidence to support the ticket. What do they have? What did they see? Did you admit to having consumed?

Customer replied 266 days and 11 hours ago.

No I didn'tt, but i was ordering drinks inside a bar when it happened

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Expert:  JB Umphrey replied 266 days and 11 hours ago.

Okay then what evidence do they have to prove that you were intoxicated while in public?

Customer replied 266 days and 11 hours ago.

Not shure, what would be the procedure if i declare myself not guilty? The guys i was with that night had an argument with the cab driver before getting to the bar but it wasn't a strong argument.

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Expert:  JB Umphrey replied 266 days and 11 hours ago.

You can go to court on the listed date, plead not guilty and demand a trial.

Any trial will likely be held on a different day. You have the right to remain silent. You do not have to testify. The prosecutor has the burden to prove that you were intoxicated in public. That can be done via the testimony of other witnesses. If the bar had surveillance video, that can also be introduced. The prosecutor does not have to have any alcohol tests.

If the prosecutor cannot prove his/her case beyond a reasonable doubt, then the case must be dismissed. When the case is dismissed, you have no record. However, you should have a lawyer help you at a trial so that you don't get tripped up on the technicalities of court procedure, rules of evidence, and so that you preserve your right to remain silent.

It has been my pleasure to assist you today with your information needs. It is my goal that you are satisfied. No expert can promise you an answer that is favorable to your circumstances. But I will do my very best to explain the legal principles that are related to the facts you’ve described so that you can better understand the “why” of things.

What are your options now?

If you wish to continue this conversation, click on the Continue Conversation link.
If you are satisfied that I have answered your question, then please rate the answer with a four or a five so that I receive credit for assisting you. Positive ratings are the only way I receive credit for assisting you today.

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"Helped a little" or "I expected more," then do not rate me (not yet, anyway!). Instead, reply to me using the REPLY or CONTINUE CONVERSATION button. Specify what additional information you need and I will be happy to continue further and do everything I can to provide you with the service you seek.


Thanks,
~~ J.B.

Customer replied 266 days and 10 hours ago.

What happens if I'm found guilty? Whats the worst case scenario?

Accepted Answer

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Expert:  JB Umphrey replied 266 days and 7 hours ago.

Most likely, the judge will either just impose a fine and send you on your way or the judge will put you on probation, forbid you from drinking, subject you to random testing, and maybe require you to take a class. It really depends upon the judge because the law gives them a lot of latitude (discretion) in sentencing.

What are your options now?

If you wish to continue this conversation, click on the Continue Conversation link.
If you are satisfied that I have answered your question, then please rate the answer with a four or a five so that I receive credit for assisting you. Positive ratings are the only way I receive credit for assisting you today.

IF you feel the need to click either
"Helped a little" or "I expected more," then do not rate me (not yet, anyway!). Instead, reply to me using the REPLY or CONTINUE CONVERSATION button. Specify what additional information you need and I will be happy to continue further and do everything I can to provide you with the service you seek.


Thanks,
~~ J.B.

Expert TypeLawyer
Category: Criminal Law
Pos. Feedback: 96.6 %
Accepts: 2766
Answered: 7/18/2012

Experience: Handling criminal and probation matters for over 14 years.

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Customer replied 266 days and 7 hours ago.

How much should a lawyer charge for this type of procedure? Who do you recomend?

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Expert:  JB Umphrey replied 266 days and 6 hours ago.

Lawyers set their own rates. If you call around, you may get quotes that range from $750 - $5,000. Seriously.

You can contact the Dallas Bar Association for a referral to a local criminal defense attorney. They explain their referral program here: http://www2.dallasbar.org/referral/

What are your options now?

If you wish to continue this conversation, click on the Continue Conversation link.
If you are satisfied that I have answered your question, then please rate the answer with a four or a five so that I receive credit for assisting you. Positive ratings are the only way I receive credit for assisting you today.

IF you feel the need to click either
"Helped a little" or "I expected more," then do not rate me (not yet, anyway!). Instead, reply to me using the REPLY or CONTINUE CONVERSATION button. Specify what additional information you need and I will be happy to continue further and do everything I can to provide you with the service you seek.


Thanks,
~~ J.B.

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Expert:  JB Umphrey replied 266 days and 1 hours ago.

I noticed you viewed my answer and no rating was received. Did you attempt to rate me?

If so, please let me know which rating you'd like to leave, or reply back for additional assistance.

IF YOU DO NOT PROVIDE A RATING, or if your rating is negative, then I will not be compensated or receive credit for assisting you.

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Expert:  JB Umphrey replied 263 days ago.

Thank you for the recent opportunity to be of assistance with your information needs.

It means a great deal to me that you chose JustAnswer as your information resource.

I hope that we continue to earn your trust and confidence when you seek information in the future.

Best wishes and, thanks again.

~~ J.B.

 
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