Public Intoxication

I'll try this again.
My Fiance was arrested last month for public intoxication. We went to Court and under my advisement, he pleaded Not Guilty. He has to go back to Court in four days and I would like some ammunition and or answers to help him have his case dismissed if possible. Yes he was intoxicated in a public place, however, he was outside the bar he was drinking in because the bar would not let him wait inside for a cab they called for him. When the cab driver arrived, he said he was too intoxicated to take him, even though my Fiance had the money to pay him. He was fairly close to home. When the police found him, they asked for ID and he had none. He forgot to take his wallet when he went out because he knew he wasn't driving so he didn't think to take his license. The ticket didn't say, but I think he mainly got arrested because he didn't have an ID, and knowing my Fiance he probably "mouthed off" to the officer. I feel that he was doing the right thing in not driving to the bar in the first place and trying to take a cab home, which is what you're supposed to do if you are intoxicated. Do you think telling the Judge all these facts will get him off the hook? Do I need to do a formal pleading asking for the case to be dismissed? And, if so, what should the pleading be named? Any help in this matter would be appreciated. It's a minor offense, but he doesn't want it on his record. Thank you.

[annjd]

It is true he should not have driven, but being intoxicated is also not allowed publicly...he may want to show it was a one time event and will never happend again...and be humble to the judge and officer...that's my suggestion anyway...

[CLA]

Thanks ANNJD.
I drafted a Motion to Dismiss for him, and we went to court for pre-trial Tuesday. The prosecutor wouldn't even look at it. However, my fiance showed him that what they were recommending as part of the plea was not part of the City Code that the officer charged him with. He said, "oh really" and looked it up. He said he was right; however, he said that Code encompassed (a) and (b). The prosecutor looked at my fiance differently after that - which was nice. If I was allowed in with him, I would have argued the point, but I wasn't, so I couldn't. Anyway, long story short, the fine was reduced from what it was originally (only $118), and he has to take the alcohol classes, which he says can't hurt him and he doesn't mind. I didn't get the result I wanted, but I got a LOT of appreciation from my fiance for my efforts in trying to help him get out of it! So, I won something more important in the long run.

[randalljd]

thanks for the update here, useful information for everybody

yes thanks, helped me as well.