Types of Offenses
The most common violation for alcohol offenses in Justice of the Peace Court are possession and consumption of alcohol by 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. 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. Juveniles (under age 18) must appear in court with parent(s).
If you wish to plead not guilty, you may request trial by Judge or trial by Jury. You are not required to have an attorney in Court, but you may hire one if you wish. The District Attorney of Rockwall 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.
You may also plead guilty or nolo contendre (no contest). By pleading guilty, you are admitting you were guilty of the offense. Nolo contendre is a neutral plea under which you are neither admitting nor denying guilt to the offense.