yeah if the cop didnt give her the test when she asked for it how he gonna give her a ticket for something that she might have not done. he has not proof of anything since he didnt give her the test so i would tell that to the judge that the cop just didnt like her and gave her a ticket for nothing since he has no proof that she was on something.

Does that stand for "Minor in Possession"? If so, it doesn't sound like she had to be drinking in order to be cited for it... she just had to be "in possession". That's probably why the test was refused... it just didn't matter. I suggest talking to an attorney, and doing some research on the laws. Also find out exactly what the citation was for before you try to fight it with inconsequential evidence.

It's just a fine

The officer did not have to give her the test unless he suspected she was under the influence, in which case she would have been arrested and your problems would have been far greater. When you get to trial ask the prosecutor for a plea deal to reduce the charge and pay the fine, otherwise she could lose her license for a year or two.

The law in Texas is that you only have to be in 'possession' to be charged with a MIP. 'Possession' can be defined as holding, touching, being within arms reach of the alcohol, and even for just being in the room where alcohol is present. Since Texas is a Zero Tolerance state, they are not required to give minors breathalizers, minors are simply breaking the law by being there, even if they are sober... simply because they 'could' attain alochol if they wanted easily. You most likely will have a pre-trial meeting with the prosecuter... if he/she hears your side of the story, she may find your daughter not guilty... but it is unlikely. Chances are that she will offer your daughter a reduced fine... since your daughter is 17, when she turns 18 her record will be sealed anyway- so it shouldnt effect her. They wont take away her drivers liscence or anything like that. If they do find her guilty, they will probably issue a fine, maybe 180 dollars, require her to take a Minors Alcohol Awareness class and complete 12-20 hours of community service.... this is the best thing next to being aquitted. The very best thing to do would be to get an attorney, they usually have connections with the prosecuter and would be way more likely to convince the prosecuter to find her innocent. However, most attorneys for class C Misdemeanors can run $2000+. Good luck!