How do I prove to the judge that the policeman was wrong? 1 Answers as of March 22, 2011I was at home depo purchasing plants, when I got into my car I was digging through my purse looking for keys, a couple walked by and told the officer I was snorting some drugs. He walked up to my car when I turned my head a saw him it startled me. He told me to get out of the car and handcuffed me. He proceeded to search my purse and car but found nothing. He called for a female transport me to jail. He saw me doing drugs he would have found something. I told him am disabled but that had no facts for him. I believe because he didn't find anything he charged me with public intox. I spent 12 hours in jail then released with a fine of $394.00 and $185. TO get my car out of impound. What do I need to tell the judge to prove he was wrong?
The Purnell Law Firm | Simon Purnell
You don't need to tell the judge anything. The State must prove all of their criminal cases beyond a reasonable doubt (even public intoxication cases). If they did not sobriety tests then they cannot prove your were intoxicated. I would wait to see if the district/county attorney accepts the charge and files a case against you. If they do not within two years, there is a good chance you can get the arrest expunged. If they do file it, then you need to hire a lawyer who will help enforce your rights.
Answer Applies to: Texas