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Justice of the Peace Precinct 1


Alcohol Violations

The most common violations for alcohol offenses in Justice Court One are Possession and Consumption of Alcohol by a Minor. Other offenses include Public Intoxication and Driving Under the Influence of Alcohol by a Minor. It is important to note that the Texas Legislature has determined it to be a crime when a minor drives a motor vehicle while having any detectable amount of alcohol in his/her system, when driving a motor vehicle. It is different for adults.

The first step for an alleged alcohol violator is to enter a plea on the charge. Either a juvenile or a minor can be charged with these offenses. There are three ways you can plead:

If you wish to plead Not Guilty, you may request trial by Judge or Jury. You are not required to have an attorney in Court, but you may hire one if you wish. The District Attorney of Montgomery County will have an attorney present to prosecute the case against you. In some instances, you may be able to meet with the attorney at a pre-trial conference to discuss why you are contesting the ticket. The Judge is prohibited, by Law, from discussing your ticket with you unless the District Attorney is present.

If you choose to go to Court, you are responsible for bringing all papers, pictures, and exhibits with you to the Court hearing. You may also contact the Court for information on how to subpoena witnesses.

Guilty or Nolo Contendre (No Contest)- By pleading Guilty you are admitting you were guilty of the offense. Nolo Contendre (no contest) is a neutral plea under which you are neither admitting nor denying the offense.

If you plan to plead Guilty or No Contest, the following four punishments are applicable to every case:

  1. You will be fined up to $500,
  2. Your Driver License will be suspended for thirty days,
  3. You will be required to complete community service, and
  4. You will be required to attend an alcohol awareness class.

 

Tobacco Violations

One of our newer laws in this State involves minors and tobacco. Among the more common violations we see in Justice Court One are: Purchasing or attempting to purchase tobacco, consumption of tobacco, and possession of tobacco.     

The first step for a minor cited for a tobacco offense is to enter a plea. There are three ways you can plead:

If you wish to plead Not Guilty, you may request trial by Judge or Jury. You are not required to have an attorney in Court, but you may hire one if you wish. The District Attorney of Montgomery County will have an attorney present to prosecute the case against you. In some instances, you may be able to meet with the attorney at a pre-trial conference to discuss why you are contesting the ticket. The Judge is prohibited, by Law, from discussing your ticket with you unless the District Attorney is present, or you have already pled Guilty or No contest.

If you choose to go to Court, you are responsible for bringing all papers, pictures, and exhibits with you to our Court hearing. You may also contact the Court for information on how to subpoena witnesses.

Guilty or Nolo Contendre (No Contest)- By pleading Guilty you are admitting you were guilty of the offense. Nolo Contendre (no contest) is a neutral plea under which you are neither admitting nor denying the offense.

If you plan to plead Guilty or No Contest, the following four punishments are applicable to every case:

  1. Your Driver License will be suspended for thirty days,
  2. You will be required to complete community service, and
  3. You will be required to attend a tobacco awareness class.

 

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