Legal Question in DUI Law in Texas

Okay, I recently went to a party a few blocks from my house and when I arrived a cop pulled up and gave everyone in the car a ticket for minor in consumption she didn't run a breathalyzer or do a field test, there was no alcohol in the car, and she explicitly told us she would be ticketing everyone who pulled up and to spread the word, however I wasn't drinking I spoke with the city prosecutor today who says the cop claims to have smelled alcohol on my breath and when I asked for the dash cam video he called the officer who said she may be unable to find it, I plead not guilt but is the officers claim that I had alcohol on my breath really enough for a conviction? upon going home my father preformed a field test on my and had me recite verses of Shakespeare both of which I was able to do without any problem. Is there anything in the law that will help me out or am I screwed? Thank you guys I have a clean record and would love to keep it that way.

Asked on 9/30/12, 9:18 am

1 Answer from Attorneys

Mark Dunn Mark D. Dunn

Take this one to trial. Demand a jury. If the cop shows up and testifies that he smelled liquor on your breath, and you testify that you weren't drinking, then the jury will have to decide whom to believe.

And have your Dad come to court and testify on your behalf at the trial.

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Answered on 10/02/12, 11:37 am

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