cops gave me citations in my driveway?

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2010-05-03 09:33:17 +0000	The driveway and area leading to the front porch is NOT considered a public place in the state of Texas even though the public has access to it. The law someone quoted was for businesses. Maybe your neighbor got tired of listening to your car motor and called it in as a disturbance. The officer checked on you and low and behold you were sitting in the passenger seat with the motor running, passed out. WTF??? you were so drunk you couldn't even turn your car off and make it into the house???????? if you were leaving you had intentions of driving and if you just got there you had to drive there. ANY amount of alcohol especially with an open container in the presence of a minor is enough for a DUI. Your uncle cant give you permission to drink you are considered an ADULT. He should be charged with making an alcoholic beverage available to a minor, So you $%^&ed up, now man up and take your medicine. You knew it was wrong and you did it anyway, who do you think you are that laws DON'T apply to you. You will be one of those drunks who has 15 DUI's but it's never your fault even when you kill someone. Was this answer helpful to you? Yes / No

2010-05-03 05:19:23 +0000	It would probably help to get a lawyer either way, but I believe you can get a DUI for being in the drivers seat with the keys in the ignition. Although I dont see how he can legally prove you drank any of the alcohol without doing any tests. Unless he sat there and watched you drink them 3 hours earlier? But you defiantly dont want that DUI on your record. Was this answer helpful to you? Yes / No

2010-05-03 05:14:16 +0000	Not sure how the law in Texas reads, but in most states, if you are in the driver's seat in your car and the engine is running, you are in control of your car and if you are under the influence, you are in violation of the law. Same with the open container. The law applies because you were in control of the vehicle. As to being on private property, the police officer had reason to investigate why an engine in a car was running and someone who was not moving was in it. Perhaps he thought you were dead. He had a justifiable reason to see what was going on. He also had reason to give you an MIP since you had open containers of alcohol in your vehicle where the engine was running and you were in control. However, you might be able to get the intoxication part (DUI) thrown out since he you didn't take a breathalizer and he can't prove that you were indeed intoxicated UNLESS you admitted to being so. Good luck with all that. Was this answer helpful to you? Yes / No

2010-05-03 05:11:04 +0000	Your still considered a minor for alcohol. You had your car running, therefore it's operating a motor vehicle and doesnt have to be on the road. Plead guilty or get a lawyer to lower your fine because your not going to win. Was this answer helpful to you? Yes / No

2010-05-03 05:16:02 +0000	nope considering your a minor and car was running you will probably just waste your time, my advice dont drink underage, dont operate a vehicle with any alcohal in your system Was this answer helpful to you? Yes / No

2010-05-03 08:43:21 +0000	Car was on and you were in the drivers seat = operating a motor vehicle. Minors in Texas do not need to take a breath test. Any detectable amount of alcohol by any means is all they need. The driveway unless behind a gate is public. Was this answer helpful to you? Yes / No

2010-05-03 05:13:59 +0000	You lose . The cop was right . You were wrong . All you had to do was turn the car off but you didn't . Was this answer helpful to you? Yes / No

2010-05-06 17:00:35 +0000	First off, it doesn't matter who gives you "permission" to drink, it is still illegal. Secondly, being in a car with beer is always fair game for a DUI at any age. You may have something on the tresspassing idea though. Definitely get with a good DUI attorney, don't take this on by yourself. Your hope is to get the whole reason he was there in the first place thrown out. I would not, on any level, push that you were "almost" 21 or that your uncle "gives you permission." Thats looks really bad on his part. Good luck Was this answer helpful to you? Yes / No

2010-05-03 05:12:22 +0000	I don't know about Texas. State motor vehicle and traffic laws generally only apply to public roads (and quasi-private roads that are considered "publicly accessible"). But I've heard a few states nowadays do allow for DUIs on private property (basically, legislators are getting tired of drunks avoiding arrest by simply pulling into a McDonalds). It is possible to get an open container violation on private property if you don't have permission from the property owner to be drinking there, which I'm pretty sure you didn't (or at least, it's pretty unlikely your uncle will admit to allowing you to drink there). Was this answer helpful to you? Yes / No

2010-05-03 10:59:10 +0000	I can tell by your story, you are not that bright. The police when driving by a house and see someone inside of a car not moving they have the right to make a check on that person to see if they are alright. In your statement you admitted you had beer inside that you were drinking, cans empty, they checked your id, you were still underage at the time, and you were inside of a car that the motor was still running. Your dumbass just told us you are at fault. The police had every right to give you citations. You were still outside of your residence and it is against the law to be drinking out in public. Sure you can get you a lawyer to help your dumbass from getting a serious charge. Next time do not be a dumbass,use some common sense. Was this answer helpful to you? Yes / No

2010-05-03 05:13:30 +0000	Definitely get a lawyer if you plan to fight this. I am not a legal person & don't think the DUI will stick, but the fact that you are a minor in possession of an opened container of alcohol is the real pooper here. Get a really good lawyer to help you fight this! Was this answer helpful to you? Yes / No

2010-05-03 06:47:16 +0000	I doubt you really have much of a choice in the getting a lawyer department. You can choose to pay one or use a public defender (depending on how much money you're worth). See if they think you should fight it. They usually don't.....if you loose on top of everything else you have to pay some serious court fees. If he didn't do any sort of sobriety test then he probably automatically gave you a "zero tolerance" ticket for minors. If thats the case, he actually cut you a break there, because zero tolerance tickets are a lot better than a DUI.....and chances are if you blew you woulda blown over .08 and even if the cop didn't charge you with a DUI the states attourney could have caught it in the report and sent you an additional DUI ticket in the mail..... Anyway, if you've got a clean record they're going to drop about half of those charges. Especially if you're willing to pay extra cash for anti-drinking classes.. I'm from Illinois....so this is all just assuming that the laws are similar. Was this answer helpful to you? Yes / No