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It was about 1:50 AM and I was walking home to my apartment, I was one block away, ONE BLOCK, I could see my apartment. Undercover cops stop me and arrest me for public intox. I was minding my own business, I wasn't making a scene or anything. I just wanted to go to bed, but the cops took me to jail instead. I want to fight this, my ticket says I was arrested at the corner of my street, I'm thinking I COULD say I was on my property when arrested (which is illegal to arrest someone on their own property without a reason...drunkenness is not a reason). They didn't breathalyze me or anything... I'm so frustrated, this is such crap. I wasn't causing a scene or anything, I was honestly just walking home and I get stopped cuz I'm in a Halloween costume. I'm 21 years old...I really feel like they were just out to arrest anyone to make money. I wasn't doing anything wrong.  I guess I should just drive home next time. 
Last edited by Ammo; 11/02/08 05:46 PM.
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2nd String
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Legal Advice:
Spend the money to get a good lawyer. This is a must have for court.
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Can't help you with the legal advice much unfortunately.
And yes, it sounds like they were just looking form someone to handcuff. Were you really drunk? Stumbling? Did you say or do anything dumb? If not, sounds like you were just unlucky to be at the wrong place at the wrong time. Hopefully you can get a good lawyer for it. I think walking a block down the road after having a drink isn't worthy of being a criminal. Law or not.
![[Linked Image from pic18.picturetrail.com]](http://pic18.picturetrail.com/VOL905/3216203/6567769/349897772.jpg) "The Browns' defense is kicking mucho dupa."
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Legend
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Were you drunk?
You say you weren't making a scene or anything ..... but if you were drunk, was it obvious?
What is the penalty for public intoxication? I believe that it's a prety mnor misdemeanor, and fighting it might be more expensive that it's worth.
If it is minor .. pay it and move on.
Micah 6:8; He has shown you, O mortal, what is good. And what does the Lord require of you? To act justly and to love mercy, and to walk humbly with your God.
John 14:19 Jesus said: Because I live, you also will live.
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Dawg Talker
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That's Athens for you...A friend of mine got an open container for having a beer in his hand when he took his trash out. That one step onto a sidewalk...
#gmstrong
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Quote:
Were you drunk?
You say you weren't making a scene or anything ..... but if you were drunk, was it obvious?
What is the penalty for public intoxication? I believe that it's a prety mnor misdemeanor, and fighting it might be more expensive that it's worth.
If it is minor .. pay it and move on.
$150 fine. It's not worth hiring a lawyer. Yes I was drunk, it's Halloween at OU. I wasn't a complete sloppy mess though. I had my composure. I was "happy," not sloppy.
Public intox is all they can get me for because I was doing NOTHING WRONG. I just wanted to go to bed.
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That sucks man! I was down there last night too and got carded by undercovers twice! I turned 21 recently so I was safe but it was still annoying as hell! Did the cop by chance have a bengals sweatshirt on?
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Quote:
That sucks man! I was down there last night too and got carded by undercovers twice! I turned 21 recently so I was safe but it was still annoying as hell! Did the cop by chance have a bengals sweatshirt on?
Not to my recollection.
I am 21...obviously I'm not safe.
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Quote:
it's Halloween at OU
That explains a lot. I would think it is best to pay and move on.
I do think it is "free" money. That and the fact that law enforcement in the area is likely attempting to counter a well earned reputation at OU. 
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Legend
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Quote:
Quote:
it's Halloween at OU
That explains a lot. I would think it is best to pay and move on.
I do think it is "free" money. That and the fact that law enforcement in the area is likely attempting to counter a well earned reputation at OU.
yeah i was just going to say, i've heard cops make tons of arrests on halloween night in athens.
although to arrest someone walking home is pretty lame if you ask me. if everything went as he says.
most cops would rather have you walk home drunk then get behind the wheel.
i don't know if there is anything you can do about it, but that sucks.
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Legend
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Given the history down there on halloween (don't forget, I'm old  ), I can hardly blame the cops for being arrest happy. With you being drunk, I have to think there's a little more to this story. I don't know about recent years, but it used to get really ugly. I went down to Athens once (late 70's) on halloween and it was a riot, literally.
And into the forest I go, to lose my mind and find my soul.
- John Muir
#GMSTRONG
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Quote:
Given the history down there on halloween (don't forget, I'm old ), I can hardly blame the cops for being arrest happy. With you being drunk, I have to think there's a little more to this story. I don't know about recent years, but it used to get really ugly. I went down to Athens once (late 70's) on halloween and it was a riot, literally.
When I say I was walking home and minding my own business, I mean I was literally minding my own business.
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Legend
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If it's anything like a speeding ticket, just SHOW UP to your court date. You don't need a lawyer either. I've had lots of friends get out of speeding tickets because either the arresting cop didn't show up to the hearing or they had no real evidence to counter you saying, "I wasn't going that fast". If you were really minding your own business and he didn't even give you a breathalyzer or any other test to indicate intoxacation levels, then you'll probably get out of it with a simple, "I had a drink, but I wasn't intoxacated" ... innocent until proven guilty.
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Remember Ammo, America is all about freedom. (LOL)
You just hit up by some fundraisers with nothing better to do. If you really want to fight it, just show up to court and say that you weren't drunk---usually if you just show up they will at least reduce the fine a bit----but if court is a 40 minute drive---then it probably ain't worth it.
This is why I don't like cops, and I believe that they aren't good people--they have compromised any integrity they had had for the ability to funnel money into their coffers. Its really a sad case all the way around. And many people have been duped into thinking cops are a good thing. They aren't. While I do understand that we need laws in society, some of the antics of the fuzz leave most people feeling that they are getting a raw deal---and they probably are.
I wish to wash my Irish wristwatch......
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Legend
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Quote:
It was about 1:50 AM and I was walking home to my apartment, I was one block away, ONE BLOCK, I could see my apartment.
Quote:
I want to fight this, my ticket says I was arrested at the corner of my street, I'm thinking I COULD say I was on my property when arrested (which is illegal to arrest someone on their own property without a reason...drunkenness is not a reason). They didn't breathalyze me or anything...
Yeah, go with this this. It's not like lying to the court is illegal or anything. You were drunk, you have no clue how sloppy you were because of it. Pay the damn fine and stop acting like a three year old.
#gmstrong
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Quote:
Pay the damn fine and stop acting like a three year old.
And awaaaaaaaaaaay we go 
KING
You may be in the drivers seat but God is holding the map. #GMSTRONG
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Can they prove you were drunk? Did they have you take a breathalyzer test?
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Quote:
Can they prove you were drunk? Did they have you take a breathalyzer test?
They dont have to prove it, you are guilty until you prove yoursef innocent.
KING
You may be in the drivers seat but God is holding the map. #GMSTRONG
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Quote:
Can they prove you were drunk? Did they have you take a breathalyzer test?
No breathalyzer administered.
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Legend
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Quote:
Quote:
Can they prove you were drunk? Did they have you take a breathalyzer test?
No breathalyzer administered.
And at that point, if you fight it, it is your word against the cops word. Who wins if you are in court and no one has proof?
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Quote:
Quote:
Quote:
Can they prove you were drunk? Did they have you take a breathalyzer test?
No breathalyzer administered.
And at that point, if you fight it, it is your word against the cops word. Who wins if you are in court and no one has proof?
In Athens, the cops.
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Its always the cops---as long as they can pull some money out of ur pockets. In this country you are guilty unless you can prove otherwise.
American government keeps on enacting measures to control us, and people don't seem to mind. Its really sad.
I wish to wash my Irish wristwatch......
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That's my point. That's how it is anywhere. If you can't prove your innocence, and they can't "prove" your guilt - in court, their word holds more sway than yours. It's just how it is.
And I'm making no judgement on your guilt or innocence - just giving my opinion on how it might go if you go to court. I might be totally wrong.
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Quote:
Quote:
Given the history down there on halloween (don't forget, I'm old ), I can hardly blame the cops for being arrest happy. With you being drunk, I have to think there's a little more to this story. I don't know about recent years, but it used to get really ugly. I went down to Athens once (late 70's) on halloween and it was a riot, literally.
When I say I was walking home and minding my own business, I mean I was literally minding my own business.
Really, at this point, it doesn't matter much.
Think very hard about what *exactly* you told the police. It was written down and undoubtedly with a spin that isn't in your favor. Even you casually saying something like, "yeah officer, I had a beer or two", is going to get you in a situation like this. Side note, never tell a police officer you've had anything to drink. It will never help you which should be reason enough, but any benefit of the doubt you'd ever have in any situation is going to be erased if you say something like that. Just trust me on that.
If you weren't breathalyzed and you didn't admit to drinking, just show up and plead your case. Be respectful, wear nice clothing (shirt, tie, slacks, etc), and everything should be ok. Or you could just suck it up and pay the $150, up to you.
Bottom line, open container violations, public intox, underage drinking, and things of that sort are easy money for the city, so justly or not, they are going to go for them and college parties/towns are basically gold mines.
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Practice Squad
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Quote:
It was about 1:50 AM and I was walking home to my apartment, I was one block away, ONE BLOCK, I could see my apartment.
Undercover cops stop me and arrest me for public intox. I was minding my own business, I wasn't making a scene or anything. I just wanted to go to bed, but the cops took me to jail instead.
I want to fight this, my ticket says I was arrested at the corner of my street, I'm thinking I COULD say I was on my property when arrested (which is illegal to arrest someone on their own property without a reason...drunkenness is not a reason). They didn't breathalyze me or anything...
I'm so frustrated, this is such crap. I wasn't causing a scene or anything, I was honestly just walking home and I get stopped cuz I'm in a Halloween costume. I'm 21 years old...I really feel like they were just out to arrest anyone to make money. I wasn't doing anything wrong.
I guess I should just drive home next time.
I feel no sympathy for you, especially with an asinine comment like maybe you should drive home next time.
Give me a break.
Secondly, go ahead and fight it. But don't expect to win.
I mean you have a compelling argument, and have gotten some great advice on here...
Lets see what we've come up with thus far:
you COULD say they arrested you on your property...that was your first thought....right?
But that won't work because it says they arrested you on the corner of the street which is where it happened...Lying isn't going to get you anywhere.
BUT...you could say...It was on your property and you know that for a FACT...Why do you know it for a fact....Because..and I quote: "they didn't breathlyze me or anything.."
Listen, no breathalyzer is necessary. The cops gathered the info they needed when they saw you and made a judgment to arrest you.
But your probably thinking you can get off this if you fight in because you are wondering how can they prove you are drunk if they didn't give you a breathalyzer!?!?
It's easy.... they have all the evidence they need in the form of expert testimony.
Your drunken word against law enforcement isn't going to hold up. Esp. against the OIU which I imagine is the law enforcement agency who got you if they were undercover...
Whoever got you though, they will show up in court, and the judge will take their word over an OU student.
Drunks, underagers, minors drinking, drugs, etc...have always been a big problem in a tiny town. The judge will feel no sympathy for you and I suggest if you decide to fight it, get a laywer not DT Forum advice.
Now seriously grow up, sit back and think about the situation. Are you really an innocent victim here? Or are you just pissed off you got busted being publically intoxicated.
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I'm pissed off because I was walking home, minding my own business, not causing any problems. I wanted to go to bed.
Was I drunk? Yes. Was I being unruly or overly rowdy?
No.
And that's the point.
Uggh, I'm just gonna pay the fine. It's me against the world practically. I just don't get it. Am I supposed to sleep in the bar or something? I mean, I have to get home somehow and I sure as hell was not gonna drive.
It's a funny world we live in we have bars yet you can't leave them to go home...and I just know this is gonna become another "Ammo Fiasco post."
Last edited by Ammo; 11/03/08 12:01 AM.
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Getting pinched for public intox is kind of ridiculous in the first place----to me it suggests that you did something to draw attention to yourself. That is often how you wind up arrested----you simply act in a way that draws interest from authorities.
This should be a lesson that courtesy, a healthy paranoia, and the feigned respect towards anyone you are unsure of, will help to keep you out of legal problems.
Myself I feel that PRECAUTION is the best way to avoid contact with law enforcement. Be aware of where you are, who you are with, who is approaching, and most of all---how are you and/or your associates presenting yourselves.
You gotta know your story well. You must have acceptable answers to questions and calmly deflect any suspicions that an officer may have.
---------------------------------------------------------------------------------------------------------
With all this said, the most pertinent questions are:
What happened to initiate contact between you and law enforcement?
How did you react when confronted by law enforcement?
and
How did your actions eventually result in an arrest?
I wish to wash my Irish wristwatch......
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Quote:
I was honestly just walking home and I get stopped cuz I'm in a Halloween costume.
As far as the crime goes, just what is the definition of "public intoxication"?
Just out of curiosity, what costume were you wearing?
And into the forest I go, to lose my mind and find my soul.
- John Muir
#GMSTRONG
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He went as Brady Quinn with the plastic mask and plastic muscles.  Sorry Ammo, had to do it. What was the reason for the cops approaching you? What did they ask you specifically?
LOL - The Rish will be upset with this news as well. KS just doesn't prioritize winning...
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I would fight it only because they have no proof of intoxication. Let's just say I have more lawyers than most in my family and I'll say that if there is no proof of intoxication or unrulyness then you'll be fine.
PM if you want more info.
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Legend
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I know you don't want to hear this,, but your situation could be a lot worse.. http://news.aol.com/article/boy-killed-while-trick-or-treating/234790 Quote:
Tragic Mistake in Halloween Shooting?Ex-Convict Claims He Thought Trick-Or-Treater Was a Thief, Cops Say
By MEG KINNARD, AP
An ex-convict who thought he was being robbed gunned down a 12-year-old trick-or-treater, spraying nearly 30 rounds with an assault rifle from inside his home after hearing a knock on the door, police said Saturday.
Quentin Patrick, 22, is accused of killing 12-year-old T.J. Darrisaw on Friday night. T.J.'s 9-year-old brother, Ahmadre Darrisaw, and their father, Freddie Grinnell, were injured but were released after being treated at a hospital.
The boy's father and brother were hospitalized with injuries and released.
Can you believe some idiot shoots up a 12 year old kid... On Halloween, because he thought he was being robbed by people in masks,,,,, ON HALLOWEEN!
Yeah, I could have been worse Ammo.....
#GMSTRONG
“Everyone is entitled to his own opinion, but not to his own facts.”
Daniel Patrick Moynahan
"Alternative facts hurt us all. Think before you blindly believe."
Damanshot
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The citation can't be all that much...but hiring a lawyer would be. Just pay it and move on. You have the worst luck, don't you? 
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Well....you say you were drunk, and you were in public...so I guess they got it right, BUT I do understand your feelings if you're recalling of the facts are accurate.
Were you cutting across private property or in a park or were you on the side walks? Just curious. Trying the see what their probable cause was.
On a similar note: DUI check points bother the heck out of me. I just can't see how they don't violate the 4th amendment. There are 10 states, I think, that agree and have them as unconstitutional as they pertain to their own state constituions. My understanding that the US Supremem Court basically came up with "the ends justify the means" ruling on all this.
I do feel that probable cause and the 4th amendment have little meaning any more for the average guy.
"My signature line goes here."
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My advice, don't take legal advice from people that are not in the legal profession.
![[Linked Image from i75.photobucket.com]](http://i75.photobucket.com/albums/i302/lrhinkle/d5eaf0b9-e429-4211-b53f-b843bfcf6aa9_zps2ac17420.jpg) #gmstrong
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Quote:
My advice, don't take legal advice from people that are not in the legal profession.
I feel like an infinite tunnel of mirrors has opened up...
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Lets see you were drunk...... check.
you were in public........ check
you were walking dow the street. Maybe staggering all over the place? ..... check
psssst Ammo thats public intoxication. You broke the law, you got caught, your getting a slap on the wrist. Trying learning from this experience (IE don't be walkiing or staggering around outside at 1:30 AM)
Be a man and fess up and pay for your mistake. As Beretta used to say. "Don't do the crime if you can't do the time"
I AM ALWAYS RIGHT... except when I am wrong.
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Pay the fine and move on....I do commend you for not driving.
LET'S GO BROWNS !!!!!!!!!!!!!!! ![[Linked Image]](http://www.dawgtalkers.net/uploads/OldSixty-Two/new0400001.jpg) [b]WOOF WOOF[b]
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Legend
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You have the worst luck, don't you?
My experience says in most cases we walk in to our own luck....no pun intended  ....the same people always seem to have the "bad luck".....but there is a reason that happens. Our actions tend to influence what sort of "luck" we are going to have.
But then, I know you know that. 
If everybody had like minds, we would never learn. GM Strong ![[Linked Image]](http://www.dawgtalkers.net/uploads/small-gator-chomp.gif)
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All Pro
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I love how all these people are jumping on ya...... now thats asinine.......
IMO from what you said you did nothing wrong, walking was the right decision...
you just got as we say in the hood "caught up" it happens now and then man.... just pay the fine and move on.....it really couldve been alot worse
Kudos to you for not driving!
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Another reason I am glad I didn't go to a small town college... Not that I am proud of this,but I spent plenty a nite staggering around the off campus housing areas of OSU.. Never once had any kind of problem. Seemed the cops had more to worry about... Did get busted once when I was 19 for walking down 11th Ave. w/ an open beer  Can't really blame anyone but myself for that one...
I heart winning
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