Question about "public drunkeness"...

[kissthesky420]

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...

kissthesky420 Reviewed by kissthesky420 on 03-17-2004. 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 Rating: 5

[david420]

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 peace

[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

[Atrip]

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.

[Lit Up]

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

[HvyFuel]

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

[NowhereMan]

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...

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/

[j.j.]

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.

[toostoned2]

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.

[Cornhusker Stoner]

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!