I was charged w/ drunk in public. Anyone have success in fighting this charge during hearing?
Charge is considered class 4 misdemeanor
Was outside my house on sidewalk (maintained and owned by community HOA)
Refused to go inside when asked by officers
No past criminal record
Live in Fairfax Co. (Northern, VA)
Over 3,000 hours of voluntary community service (continues weekly)
$97 fine if convicted or plead guilty
Was held for five hours in community holding cell
Not tested by breathalizer, or any other method
Officer refused to show how to make call after leaving numbers out of form to dial (refused phone call even after specifically asking while being booked)
Generally outstanding member of community - past Army officer, non-profit leader, landlord w/ no complaints and over 20 past tenants, member of local church group, etc
Thank-you for answering preceeding question
Answers:
Tell them you had a fever and were sick and had a bacterial infection in your blood and the bacteria were producing alcohol.
You'll never win it, and if you do the fees involved in fighting it will probably make you break even. Just take it like a man.
did you get a lawyer? they should be better help than us. good luck to you.
i am a professional lawyer. this case is nothing to me, if the artist lee min soon had asked me to fight his case, then he don't need to go to jail.
Fight it, get a lawyer and make those cops look like the pricks they are.
You know the saying, inoccent until proven guilty lol. but if no witness then they dismiss. Cop needs witness to prove its you. hire lawyer. If they didnt see your DL and didnt make you sign anything while booked. they cant prove it was you because anyone could ve said your name and they had no way to prove it was you. So get lawyer for real.
Welcome to the Old Dominion dude, Va has a law about drinking in your front yard had you been in the back it would have been no big deal, My advise would be go to court plead your case they will more than likely give some 1st offender type deal it will not be that bad. Look these things happen to the best of us I live in nnews I had my trials with some silly stuff like this I was not to happy but I got over it heck I even have a federal job since then. Just cowboy up and take your lumps pay the fine and remember do not drink out in your front yard, It was more than likely someone from your HOA or a fellow resident dropped a dime on you called johnny law. Look I am not here to tell you what is right or wrong just next keep that in mind good luck.
Well, a Public Intoxication charge does not require a Breathalyzer test. The arresting officer is going to tell the court that you were intoxicated, he will explain just what made him come to that conclusion. He will talk about your slurred speech, unsteady gait, belligerent attitude, smell of alcohol, sloppy appearance, etc.
You have to be able to explain to the judge why the officer's observations of you are in error.
Most people I have arrested for this offense try the old, "the officer is lying, he didn't see nothin'". defense. It never works. Sometimes I got, "The officer is a bigot and he don't like me". No success with that one either.
You have to defend you actions, attacking the officer will not work.
All that stuff about what a great guy you are, won't even be admissible at the trial. It is irrelevant to the charge.
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