Question about "public drunkeness"...

:confused: ok, so this is not strictly bud related, but i figured this was probably the best place to find someone both sympathetic to and knowledgeable about my situation. i was arrested (in new orleans!) for public drunkeness, and my trial date is approaching. i was not given a breathalizer prior to or following my arrest, and in fact was not informed of the charge until i was well on the way to jail. i want to know about the criteria for an arrest for public drunkeness (whether cops have to issue any kind of test, or if they can just slap you with a charge). i would be greatful if someone could even just point me in the direction of pertinent information. thanks a million... :confused:

fight that dood, they have no proof u were indeed drunk. u could just be an idiot in which it would be a disturbing the peace charge. but if they say public drunkenness try asking ur lawyer if u can go for false arrest.. get them in shit.. lol :p peace

ive had run ins with the pigs tons of tims and from what i know they can do what they did. if you were acting drunk(stumbling, slurring, wobbling,...) than there isnt much you can do about it. if your 21 than you can contest the charge and go back to court on a different date, sit for about 3 hours waiting fer your turn and then go in the courtroom. the arresting/issuing officer will be the to try and screw you over. remember the system is fucked, the police will twist everything you say and maby even lie because they know the judge will definatly take their word over yours.i would just take the charge, pay the fine and go to whatever classes they want me to go to.


REMEMBER if you contest the ticket your wasting the judges time and everyone elses so expect a more serious punishment if you lose the case

you might beable to get the charge dropped if he didn't have you do any of those drunk tricks (walking the line, touching your nose etc.) don't worry you'll beable to nail his ass.

Your fucked either way you want to go, id get a lawyer and talk to him 1st if your serious about fighting this, i got a DUI and they had put the wrong date on the ticket, way off and they lawyer i talked to said it doesnt matter, they do it all the time. The law fucks ya PERIOD




CjL

If you're rich fight it, you have a case. If you're not rich, you're guilty.

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Originally Posted by kissthesky420

:confused: ok, so this is not strictly bud related, but i figured this was probably the best place to find someone both sympathetic to and knowledgeable about my situation. i was arrested (in new orleans!) for public drunkeness, and my trial date is approaching. i was not given a breathalizer prior to or following my arrest, and in fact was not informed of the charge until i was well on the way to jail. i want to know about the criteria for an arrest for public drunkeness (whether cops have to issue any kind of test, or if they can just slap you with a charge). i would be greatful if someone could even just point me in the direction of pertinent information. thanks a million... :confused:

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while i toked this jiont
i took ten minutes to help ya get started.
good luck man


first off know what state laws are for that state,be a good start.
http://www.statelaws.org/localgov/louisiana.html
and say it was in ..

http://new-orleans.la.us/home/

u gotta get urslef a lawyer first dude, i dunno bout over in the states but here in UK we hav to be given a test, but u shouldn't worry bout it, but when in trial u should make sure that ur lawyer mentions the fact that u werent given a test and that u werent told the charges till u were on ur way. Hope that helps. j.j.

the police can use "observation" as a basis for public drunkeness. And that's a fact.
a cop can arrest you anytime he/she pleases, really. Never resist arrest, it turns into a class 6 felony. A cop does not even have to say you are under arrest, the cop need only make the gestures.
Your remedy is, take it to the judge. For the record, they don't have to Mirandize you because you were arrested. Criteria for Miranda: you must be in a custododial setting and the police are planning to use what you say against you in a court of law.
that's what I learned in criminal procedure and criminal trial procedure.
good luck.

your not fucked yet.... first of all they have to give you a sobriety test or a breathalizer test to even give you a citation for drunk and disorderly in public, i have got busted for the same thing you did and it was sooooo easy to get the charge droped, first get a lawyer and plead not guilty. second go to court and tell the judge that the citation that u where issued was illegally issued by no evidence of a breathalizer test. now u only have circumstancial evedince pressented against you and you should get off, ide say a good 90% chance of getting the charges dropped or be proven not guilty. remember the law, innocent until proven guilty WITHOUT A REASONABLE DOUBT!

Public Drunkenness is such a fucking stupid charge. They tell you not to drink and drive, so you walk home, and if a cop sees you stumbling a little, he can arrest you for DIP, which is basically the same thing as DUI. Fucking ridiculous.

yeah man fuck this shit, i got arrested for the same thing a block away from my house cause i was out at the bar and was wayyy too drunk to drive. So i decide to walk home and they nailed me for prowling/public drunkeness. Fuck that shit, but like you said, they never gave me a breathalizer so i got off of both charges.

The Public Drunkeness charge was just an excuse to pull you in. As long as you have no other charges (resisting arrest / assault), this should be pretty minor. The cost of a laywer will probably be more than the fine.

DO some research on the law in this city, and the results in similiar cases. If the cop doesn't show up, then the judge may dismiss the case. If the cop does show, your best option might be to pay a small fine and be done with it.

Yeh that's the best thing. I was in toronto and i was really pissed that i walked outta my cousins house and was watering the street with my urine hose. i even begged the assholes to arrest me when they showed up. i got like a 70 dollar fine but i wasnt arrested. i threw up so much they took pity on me and dropped me to the hospital.

i love canada.

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Originally Posted by Kronik Bagz

ive had run ins with the pigs tons of tims and from what i know they can do what they did. if you were acting drunk(stumbling, slurring, wobbling,...) than there isnt much you can do about it. if your 21 than you can contest the charge and go back to court on a different date, sit for about 3 hours waiting fer your turn and then go in the courtroom. the arresting/issuing officer will be the to try and screw you over. remember the system is fucked, the police will twist everything you say and maby even lie because they know the judge will definatly take their word over yours.i would just take the charge, pay the fine and go to whatever classes they want me to go to.


REMEMBER if you contest the ticket your wasting the judges time and everyone elses so expect a more serious punishment if you lose the case

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I agree with this unfortunatly. My brother got arrested for public drunkenness and resisting arrest because he was with two of his friends that got into a fight. Well the cops came and hauled him in with them and he fought the charge and wound up getting fined $500 and got like 40 hrs community service.