Follett, TX Criminal Defense Law Firms & Lawyers

See Section 1192(7) of the Vehicle and Traffic Law: The provisions of this section[, which concern operating a motor vehicle while under the influence of alcohol or drugs,] shall apply upon public highways, private roads open to motor vehicle traffic and *any other parking lot*. For the purposes of this section *"parking lot" shall mean any area or areas of private property, including a driveway, near or contiguous to and provided in connection with premises and used as a means of access to and egress from a public highway to such premises and having a capacity for the parking of four or more motor vehicles*. The provisions of this section shall not apply to any area or areas of private property comprising all or part of property on which is situated a one or two family residence. (Emphasis added.)

I recently had a case very similiar.  It depends on a few factors.  Texas Penal Code Section 38.04 and 541.201 of the Texas Transportation Code are probably what will apply: however, I would encourage you to see the advice of an Attorney who does criminal law as it can be a felony under certain circumstances for evading arrest for being on a four wheeler and "running from the police" so to speak. Also, do not allow your son to explain, talk, text, email or use social media regarding what did or did not happen! Anything he says can and will be used against him given the right circumstances. Get your son to a lawyer. Hope this helps.

It is hearsay and you have a right to confront your wife if she says you said that. If she doesn't get up then your proper argument is confrontation clause violation. If she does get up and say it, then it is a statement against interest hearsay exception. But all depends on the Judge on matters like this.