GoodKarma

Does anyone know anything about the open container laws in Texas? A friend of mine's son was sitting in a car behind the wheel with the engine running with an open beer between his legs. The police officer caught him by surprise and at first, hand cuffed him and was going to take him to jail. When his drivers license came back clean, the police officer just issued him a citation for the open container law.

We know that the open container law is considered a criminal offense, even though it is a class C misdemeanor. Here is the problem; he is on probation for a criminal offense in a different county in Texas other than where he got this ticket. He has hired an attorney and the attorney said to just not tell that he is on probation to either his PO or when he goes to court for this ticket.

Don't they just check the computers and find all this information out? Is it as simple as his lawyer is telling him? One of the rules of his probabtion is that he is not supposed to be drinking any alcohol at all.

Any help would be great.

KneeC

I think they can pretty much check anything out if they really wanted to, ya know, Im going to check on that for you & get back with you on that!

suki44883

I don't know the answer to your question, but I am very surprised that an attorney would tell a client to lie to his PO or a judge. Are you sure the attorney really said that or is it just something that the son told his mom? It's hard to believe because that kind of advice could get an attorney in a good deal of trouble.

ElegantlyWasted

I would follow the atty's advice; perhaps he knows the nuances of how the computer systems work in relation to the specifics of his probation conditions. Barring that honesty is the best policy, he needs to get in the habbit of being honest with himself IMHO and should fess up to his po on how to proceed. Side note... Grew up in Texas and remember dad driving us to little league with an open beer can (was legal then), a little bit too much big brother goin' on in my opinion.

Freedom1990

If he's afraid that his attorney is giving him bad advice, then perhaps he needs a different attorney, no?

GoodKarma

KneeC, thank you. Any help would be appreciated. Well, I don't think his attorney is telling him to lie to his PO or the judge, but to just not offer any information up front if not asked.

IMO, it seems to me they would pull him on a computer or some type of database since it is so easy. He has a horrible driving record with tons of tons of traffic violations (no DUI's). He is also on probation with his drivers license for the next year. If he gets another ticket, he will lose his license for a year. He said this would not count since it was not a moving violation. Don't understand that either.

barb dwyer

When the new Montana Law takes effect -
they're coming down like sledgehappers -

he will have at the LEAST had his licence taken away for 6 months.

IOf i read that right
the atty didn't tell him to lie
just told him not to say anything.

that's atty's for ya.

But yes - I'm suprised he ddin't get a citation bigger either.
TX has also (from what I've been hearing and reading and seeing on broadcasts here)
really been cracking down as well.

KneeC - what a HOT DAMN avatar!!!

GoodKarma

Well, I don't think he got away with it. The officer didn't take him to jail since his drivers license came back clean. However, IMO, I think the judge will pull his record too. That will show everything. His attny told him that
everything would be settled before it ever goes to trial. Whatever that means.

barb dwyer

It means get out the checkbook and clear your appointment book for classes, I bet.

GoodKarma

What kind of classes?

barb dwyer

No tellin - I don't live in TX but -
here in MT
there'd be the typical drivers school classes ...
a/k/a DUI school ...
even still some AA attendence as well if ....

I didn't know he got a citation
I read that as just a warning...
but yeah.
If he's on paper - it's automatic.
By court time -
I'm sure the past will be known.
If he's got the kind of paper that
his freedom is in question with any offense...
welll.
Such are the disadvantages of incarceration.



different states have different requirements.