By: Beltz Law Firm
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Minor In Consumption Tickets In Royse City Municipal Court
Minor In Consumption Cases
Has your child been charged with a minor in consumption charge in Royse City? Are you looking for answers to legal questions you may have about the consequences and punishment range for an alcohol related offense? This article is intended to help those who are dealing with an alcohol related offense by a minor in Royse City Municipal Court. If you would like to discuss your case with an experienced ticket attorney familiar with Royse City Municpal Court’s procedures and policies we would be glad to assist. Call our office to set up a consultation today.
What Is The Law For Minor In Consumption?
Sec. 106.04. CONSUMPTION OF ALCOHOL BY A MINOR. (a) A minor commits an offense if he consumes an alcoholic beverage.
(b) It is an affirmative defense to prosecution under this section that the alcoholic beverage was consumed in the visible presence of the minor’s adult parent, guardian, or spouse.
(c) An offense under this section is punishable as provided by Section 106.071.
(d) A minor who commits an offense under this section and who has been previously convicted twice or more of offenses under this section is not eligible for deferred disposition. For the purposes of this subsection:
(1) an adjudication under Title 3, Family Code, that the minor engaged in conduct described by this section is considered a conviction of an offense under this section; and
(2) an order of deferred disposition for an offense alleged under this section is considered a conviction of an offense under this section.
(e) Subsection (a) does not apply to a minor who:
(1) requested emergency medical assistance in response to the possible alcohol overdose of the minor or another person;
(2) was the first person to make a request for medical assistance under Subdivision (1); and
(3) if the minor requested emergency medical assistance for the possible alcohol overdose of another person:
(A) remained on the scene until the medical assistance arrived; and
(B) cooperated with medical assistance and law enforcement personnel.
Defending Alcohol Related Offenses For Minors
The defense of a minor for an alcohol offense always starts with a good evaluation of the facts. Was the offense personally observed by the police officer? Was the offense charged after investigation only? Was the parent present when the offense was alleged to have occured? All of these questions must be evaluated in order to understand if the case is a good candidate for trial or if the attorney should begin to advocate and negotiate the best possible deal to mitigate any punisments that may occur.
Many of the punsishments attached to alcohol related offenses for minors are mandatory. For example, the Texas Alchohol and Beverage Commissions Website outlines the following punishments for minor in consumption charges:
Minors who purchase, attempt to purchase, possess, or consume alcoholic beverages, as well as minors who are intoxicated in public or misrepresent their age to obtain alcoholic beverages, face the following consequences:
- Class C misdemeanor, punishable by a fine up to $500
- Alcohol awareness class
- 8 to 40 hours community service
- 30 to 180 days loss or denial of driver’s license
If a minor is seventeen years of age or older and the violation is the third offense, the offense is punishable by a fine of $250 to $2,000, confinement in jail for up to 180 days or both, as well as automatic driver’s license suspension.
A minor with previous alcohol-related convictions will have his or her driver’s license suspended for one year if the minor does not attend alcohol awareness training that has been required by the judge.
A judge can consider any range of punsishment within these parameters. So it becomes the responsibility of the lawyer to negotiate the lower end of the punishment range in an effort to mitigate any damage caused by the offense. If you would like our experienced ticket attorneys in Royse City to review a case for you, we would be glad to assist. We can be called for a variety of issues. For example, if you have a hold on your license due to a ticket in Royse City our traffic attorneys can help you with that.
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