Full question:
What level of offense is minor in procession Alcohol drug paraphernalia in Texas? Would a no contest plea adversely affect his driving privilege if he has recently regained driving privilege following suspension due to a Class B misdemeanor marijuana possession.
- Category: Criminal
- Subcategory: Minors
- Date:
- State: Texas
Answer:
A no contest plea in Texas has the same legal effect as a guilty plea regarding sentencing but does not admit guilt for other purposes. For minors, possession of alcohol is typically a Class C misdemeanor, as outlined in Texas statutes (Tex. Alco. Bev. Code § 106.071).
If a minor pleads no contest to a minor in possession (MIP) offense, their driver's license may be suspended based on prior convictions:
- 30 days for no prior convictions
- 60 days for one prior conviction
- 180 days for two or more prior convictions
Since the individual has recently regained driving privileges after a suspension for a Class B misdemeanor marijuana possession, a no contest plea could lead to another suspension, depending on their prior MIP history. Additionally, a no contest plea may appear as a conviction on their record and could need to be disclosed on certain applications, like for employment or insurance.
It's advisable for anyone in this situation to consult with a lawyer before making a plea decision.
This content is for informational purposes only and is not legal advice. Legal statutes mentioned reflect the law at the time the content was written and may no longer be current. Always verify the latest version of the law before relying on it.