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Gerald, Esq
Gerald, Esq, Lawyer
Category: Criminal Law
Satisfied Customers: 3920
Experience:  30 years of experience
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I am a 20 year old college student in San Antonio, Texas. I

Customer Question

I am a 20 year old college student in San Antonio, Texas. I was driving with a friend home from another friends house around midnight. We had been drinking, but not much and hours had passed. My car hit a pothole and my rear differential broke, so we started pushing the car towards a gas station. A cop pulled over and (assuming we had to be doing something bad,) searched us and the car, found nothing, then handed each of us a "Minor in consumption" ticket, even though there were no field sobriety tests done and we had no alcohol on us or in the car, nor did we appear drunk, which we were not. Then he left while we continued to push the car. I am choosing to fight this without a lawyer in the County court next week. My "argument" will be that the officer has no proof whatsoever, and it is quite possible that what he smelled was simple body odor from pushing the car in the heat. I also have the shop receipt which shows the rear differential replacement.I cannot have this on my record, as I plan to pursue a competitive professional school. I have heard that I will "never win" and should just accept the "no Contest", but then it WILL be visible on a background search, which I cannot have. I plan to ask the judge to dismiss it. Do you have any advice?
Submitted: 1 year ago.
Category: Criminal Law
Expert:  Gerald, Esq replied 1 year ago.


Thank you for using Just Answer. I want to provide you the best service I can. Please feel free to ask any follow up questions you have.

I am an attorney with 30 years of experience; I hope to provide you information that will help you in resolving your question.

You should indeed fight this. Do not listen to the people who tell you that you can not win.

You have a good position as long as you are smart about this.

1) The prosecutor must prove that you are guilty. You do not need to prove that you are innocent.

You are NOT obligated to testify. So do not. If you testify you can not lie on the stand and you can be caught up in cross examination.

You can make an opening and closing statement without testifying. All you need state is that there is no evidence of alcohol.

You can cross examine the police officer and ask leading questions. for example:

"Isn't it true that you gave no field sobriety test?

"Isn't it true that you searched the vehicle and found no alcohol containers?

"Isn't it true that we told you we had car trouble and were pushing the car to the repair station?"

You can even use the officer to enter the repair receipt for you:

for example: "You state that you do not recall that we told you we had car trouble. Officer please look at this document. Can you tell the court what it says? Does that help refresh your memory that we had car trouble?"

At the end of the prosecutions case ask the Court to dismiss the charges.

2) By demanding the trial you will put the prosecutor in a position of offering you a "plea bargain." If they make you a good offer you can consider taking it. A good offer would be any type of summary citation as long as it is not alcohol related. For example you can tell them you will only accept a minor traffic citation that does not involve points.

I hope the information I provide is useful to you. I want you to be comfortable and satisfied with my attempt to assist you. Please, if you have ANY follow up questions, feel free to ask. Please note that I am generally unavailable Friday evening through Sunday.

Please do not forget to give me a positive rating. It adds nothing to your costs but it helps me greatly. Thank you.

If you are dissatisfied with my response PLEASE let me know before giving me a negative review so that I may try to be of better assistance. Or if you prefer, let me know and I can “Opt Out” and your question can be re-posted without additional cost to you. I will be fair to you and only ask the same from you.

Good luck.

Please note: Information is educational and not given as legal advice. Only your local attorney can give legal advice. I can't establish or accept an attorney-client relationship with you. All posts are available for public viewing.

Kind regards,


Expert:  Gerald, Esq replied 1 year ago.

If you would like to discuss this oof line we can. I have posted an OPTIONAL premium service offer to you.

Just click accept and enter your contact information. There is an additional charge for the call. OR we can continue to post at no additional if you prefer.

Kind regards,