Legal Question in DUI Law in Texas

I am helping my brother seek advice on his ticket. He received a ticket for "Open Container in a Motor Vehicle" which I believe falls under DUI laws. He is going to plea not guilty & hopes to get it dismissed but he's not sure what the best strategy in doing so is. He was standing outside his house, on the sidewalk drinking a beer while 2 of his friends were inside the car. The cop stopped because of, according to him, "suspicious activity" & gave my brother (who was never inside the car) the ticket, but not the men actually inside the car. My brother had been inside his home until the men pulled up & asked him to come outside so it's not possible that the cop can place my brother in the vehicle at any point and time of this night. Is an attorney necessary to fight this? Would the 2 friends that were there be enough to take to court as witnesses for my brother to represent himself? He can not afford an attorney. Please help.

Asked on 6/05/10, 7:40 am

1 Answer from Attorneys

Mark Dunn Mark D. Dunn

You say that he can't afford an attorney. Truth is, he can't afford NOT to have an attorney.

Yes, he can and should fight this. And he shouldn't trust the prosecutor. If he's not guilty, then he should plead not guilty and demand a jury trial (and he just can't do this by himself).

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Answered on 6/06/10, 1:47 pm

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