Public Intoxication charge.

This is a discussion on Public Intoxication charge. within the Arrests, Searches, Seizures forum, part of the CRIMINAL LAW, ARRESTS, TRAFFIC TICKETS category; I got arrested down the street from my house for public intoxication. I'm pleading not guilty because I was not ...

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Old Oct 21st, 2009, 10:17 PM   #1
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Default Public Intoxication charge.

I got arrested down the street from my house for public intoxication. I'm pleading not guilty because I was not intoxicated, and he did not do any sobriety tests to prove this...I will tell you exactly what happened that night, I need some advice on wat is going to happen and whether the judge may dismiss my case

That night I did drink, it was 7-9 quarter drinks, I had a few shots 2 beers and drank nothing but water afterwards. I stopped drinking around9pm had alot of water, and me and my mother took a taxi home.
She and I had a little fight so I went out to take a walk to cool down. My foot caught a pothole in the road while I was walking and I twisted my ankle, started to cry in pain, but I kept walking, limping, the cop saw me, so I was scared to turn around and go back the way I came cause then he might have thought something susupicious was going on, so I kept walking the way I was going. He stopped me asked me if everything was ok, I told him I was fine, that I had just twisted my ankle and mom and I had a liil fight, he asked me if I needed an ambulance, I said no I have a $10,000.00 doctor bill and it was just a twisted ankle I'd take care of it when I got home, he asked me if i had been drinking I told him yes he asked me how much I told him I ad a few shots and a couple beers 4 hours ago but I had been drinking water and sprite during and after that. He offered me a ride home....now before I go inito this I would like to explain I lie with my mother in a mobil home, we just had recently been kicked out of our last neighborhood because of cops showing up to our door cause of my sister throwing fits out in front of our home and disturbing the peace. The new landlords at out new neighborhood have made it abundantly clear that in the 10 yrs they have owned that park they have never had a cop on the premises, and they told us that if any police show up for any reason other than if someone is dying or it's a dire emergency, we will be evicted immediately, i explained this to him,and I told him that I did not want to risk my mother losing her place again....he then gave me the ultimatum he take me home or I get arrested, I know it was probably stupid of me, but I once again told him I couldn't I didn't want my mom to lose her place, he handcuffed me and told me I was publically intoxicated, he never gave me a field test or a blow test, I was not staggering nor was I putting anyone in danger or walking on the road...I...was not....drunk...I was tired, I was upset, and I was in pain and all I wanted to do was cool down go home and chill out...


So now everyone is telling me to fight it...I was wondering if I had a chance and if you all think it will be dismissed...
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Old Oct 22nd, 2009, 11:10 AM   #2
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Default Re: Public Intoxication charge.

It will help if he did not test you but he obviously could see something about the drinking. It's a close call...you might prevail but his testimony can also result in a guilty finding.

If you really want to fight it seriously you should have a lawyer assist.
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