I was at a friends house. I had half a beer there, before we left to go get something from his friend down the street. We take his car, and he gets pulled over on the way back. His inspection was out, then the cop finds an open beer bottle sitting in the back on the drivers side, none of us were drinking while in the car.

She pulls him over, gives him a PI ticket, and a ticket for no inspection, then turns around gives me a PI ticket as well.

- I was not drunk, nowhere near it after half a beer I had almost an hour before we got pulled over.
- I was not driving
- It was not my car
- I had no clue there was an old open beer sitting on the floor in the back
- Officer refuses to give me a Breathalyzer after I ask her a few times. Threatens to take me to jail.
- Wrote down 9/29/88 as my birth date, when it is actually 9/25/88
- She misspelled my address on the ticket. The put Quial when it is Quail actually.

She was a rookie, she had to call in and ask them how to write a PI ticket. I'm a full-time student and there is no way in hell I am paying $400 for something I did not do, Dallas Police Department can blow me. I just got a speeding ticket a month ago for going 18 mph over the limit, no way I am paying this I don't have the money.

What can I do from here?

 

go to court.. talk to the judge.. let them know what went on and that the ticket has the incorrect info anyways.. from what i understand he will dismiss it

 

Thanks, will I still have to pay a court fee or anything for talking to the judge? Or can I just set up a time to see him like everyone else?

 

if this was me im sure itd be an easy ticket to dismiss so many arguments to get away with

 

Just based on the op's posting I would think you might have a case of improper violation being cited. And you might have your ticket reduced or thrown out.

This section might apply if they chose to amend the citation. Hope your case goes well for you!

Open Container Law - Texas Penal Code Section 49.031

§ 49.031. Possession of Alcoholic Beverage in Motor Vehicle.
(a) In this section:
(1) "Open container" means a bottle, can, or other receptacle that contains any amount of alcoholic beverage and that is open, that has been opened, that has a broken seal, or the contents of which are partially removed.
(2) "Passenger area of a motor vehicle" means the area of a motor vehicle designed for the seating of the operator and passengers of the vehicle. The term does not include:
(A) a glove compartment or similar storage container that is locked;
(B) the trunk of a vehicle; or

 

Thanks, I will see what I can do and let you guys know how it goes.

 

Are you over 21? I assume so since you didn't get an MIC? I had a few friends in highschool get PI citations when they were sober just because they were drinking and under age. Not really what they're supposed to ticket you for but if they're dumb enough they will.

 

just b/c the information on the ticket is wrong does not mean it will be thrown out.

a lawyer would argue that if the police officer wasn't competent enough to fill the ticket out properly, how can we be sure that she was competent enough to judge that you were indeed intoxicated.

are you over 21? if so, you have a good chance, with an attorney. if you are under 21, good luck fighting it. i would hire an attorney if you really want this gone. courts don't really give students the benefit of the doubt when it comes to alcohol charges. mix that in with someone who thinks they know what they are talking about, but really doesn't, and you won't have much luck.

sucks about the open container. your friend is lucky he didn't get a ticket for that.

PI is actually a lot better than MIP and tons better than DWI.

 

I don't think the open container law even matters in this case, since nobody was cited for it. The cop just gave them both PI's. Can you post the state's definition of a PI?

I hate to say it, but you are probably screwed on this one. The whole innocent until proven guilty thing just doesn't really apply to misdimeanors. As far as the judge is concerned, if the cop says you did it, then you did it. I've had 2 cases where cops broke the law by blatantly lying on citations. I tried fighting them, but the judges wouldn't even listen.

 

Ah, and it would be so much better to sell your left nut to pay the fine than to let Dallas "blow you". In the end, you wouldn't be "blown", you'd be $#cked.