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False Arrest? False Charges?

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Putrid Poot

Guest
What is the name of your state? CA

I need some advice on a very recent legal problem, the circumstances to which I shall explain. Prior to my explanation I will say that I have not retained the services of an attorney as of yet and I have NEVER been in trouble prior to this incident. I was out drinking with the homies and at the end of the night accepted a ride with the barmaid that neither drinks nor does anything else for that matter (not even me, her loss). I fell asleep in the car during the ride and was abruptly awakened by a police officer dragging me out and throwing me up against the car. Since I was not sure just what the hell was going on of course I struggled. Not much, mind you, because I was three sheets to the wind, hammered, zooted, splowed (or pick your own adjective). I finally came to my senses and realized I was being cuffed. We were at a gas station and my ride was being held back by another officer while screaming, "Leave him alone, you b&%$#@*d!" "What the hell is going on?" I demanded to know. "You are under arrest," he replied. "For what? What the hell did I do?" "Public intoxication." "Public intoxication," I screamed, "Pal, I was sleeping in the car!! You pulled me out!!!" "Tell it to the judge!!" he retorted. "Tell THIS to the judge!" I then cut a nice, steamy, wet 50 megaton blaster that contained all the effervessence of the suicidal buffalo wings, pepperoni pizza, chili cheese fries, bloomin' onion, and icy cold delicious brew I had consumed earlier that evening. Due to his close proximity to my exhumed exhalation it permeated his clothing and he nearly passed out. I giggled like a school girl in heat when one of his comrades at the station asked him, "Geeze, what the hell is that smell?" Yes, the funk was on HIM!! Upon release I saw that I had been charged with public intoxication, resisting arrest and assault on an officer. I would really like some advice as to the legalities (or lack thereof) of these charges. Specifically, will the charges stick on me like my essense of putrescence did on him? Will the schmuckeroo not bother to even show up due to embarrassment? I have visualized him being laughed out of the courtroom once the charges are explained. Alas, 'tis just a fantasy....so far. Just want to know what I should expect or what I should do. This has left me quite distressed needless to say. I later was informed that my arresting shock absorbser was someone my ride had dumped just a week prior. Thank you in advance for any insight to my first foray within the justice system.
 


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hmmbrdzz

Guest
Well ..... I don't know what to tell you to do, but I just giggled real good, myself, at your description and dilemma, Putrid Poot.


hmmbrdzz
 
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GKris

Guest
Many times I have the displeasure of being the one blasted upon. I would love to find out how assault charges were filed so I could be the filer next time. As far as the case in question, if she was legally stopped for whatever reason, and even if you were woken up and pulled out of a vehicle, and were "toasted' - you can be arrested for PI. Its got some feathers on it like the proverbial chicken pooh, but still a good charge. The other charges stem from the original arrest on the PI it sounds like, and also seem like they will stick. Although your explaination seems valid and reasonable, they are not a defense to the prosecution. I'd explain it to the judge and allow him to see it the way you do. Leaving out the part about the emissions from you would probably be a good thing tho.
 
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Mike101

Guest
Is this day and age where a persons spit can prove to be fatal it is not a good choice to use in a form of protest. I have been spit at numerous times in my career and actually spit on twice. The first time the subject was a career customer and was sentenced to active time in prison. The spitting was mentioned by the judge during sentencing. The second time was a college student who had too much to drink and made a stupid mistake. His only previous trouble with the law was a speeding ticket. I charged him with I&D and assault. Realizing that he went to school full time the judge did not want to interfere with his studies and he continued to go to school during the week. On friday evening at 6pm he turned himself in and was released monday morning at 6 am. He did this for 7 months.
From what you have said you made a bad situation worse.
 
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hmmbrdzz

Guest
I had a big wad of spit spat in my face one time by an irate inmate, close range. I'd rather be the target of a big ole fart any day!

hmmbrdzz
 
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GKris

Guest
I've told myself for years I am in the wrong business. The 2 things I cant stand the most are the smell of vomit and another's fecal odors weather in gasous or solid state. I think I was meant to be independently wealthy.
 
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hmmbrdzz

Guest
:D When I think about how I don't miss those two aspects of my career, I'm actually thankful at times I'm no longer in it. So thankful, in fact, that poverty (vs. independently wealthy) might even suffice ! I liked the odors that would cause you to contemplate "when I finally DO take a breath, should I breathe through my mouth or through my nose".


hmmbrdzz
 
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Poot Putrid

Guest
Response to StephenK:

I thought the answer to your question was rather obvious but I guess it was just inferred. Keep in mind that this is just conjecture and a hypothesis formed through the gathering of second and some third hand information. The officer was a jilted lover who just wanted to flex the love muscle where he hangs his badge. Nothing happened to my ride. From what I have heard she was gassing up the vehicle when approached. An argument ensued and I unknowingly and unwillingly got caught in the crossfire. I have yet to speak to the young lady since the incident for two reasons. I hear she is rather embarrassed about what happened and subconciously I feel it was her fault that it took place. Admittedly (and regrettably) it is moreso the latter over the former. I guess I'll get over it but the wound is too fresh at this point in time.

Response to Mike101:

There was no "spit" involved. I thought this was obvious too. The 50 megaton blaster mentioned was the aromatic emission of an anal nature.

Response to GKRIS:

Is this true? (Please keep in mind that I fully admit the possibility and probability of being incorrect in my assumptions.) One can be in an establishment where the sale and consumption of alcohol is legal and then incarcerated during transport although the person poses no threat to anyone? I.E. not behind the wheel of a vehicle, standing in the street harrassing others (oye, mami, I luf joo!!!!) or staggering towards oncoming traffic? I find this rather disturbing.

For those involved in law, whether it be enforcement, prosecuting and/or defending, judging or even those who study, I would really like your opinions on this, both legal and personal. I would appreciate that the opinions not be criticisms of those who consume alcohol. But then again I have no control over that, it's just a request. I feel in this situation nothing was done wrong. (The "blaster" was admittedly over the top.)

Further response to GKRIS:

My sincerest apologies and sympathies for those times you were "blasted upon." I respectfully request that you bear in mind that I was not involved when posting future responses. Thanks in advance.
 
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Mike101

Guest
I apoligize. I must have been sleeping. I totally missed that one. Which I wish I was still missing it.
 
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Poot Putrid

Guest
Mike101 said:
I apoligize. I must have been sleeping. I totally missed that one. Which I wish I was still missing it.
Well, you were not in the line of fire of the pungent air propulsion soooooooooo..........
 
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GKris

Guest
Well like I said, its got feathers on it. I do not practice this type of law enforcement normally. ITs not to say that it doesn't happen. I've arrested a PI out of his bed before, but it was the result of numerous calls that other officers believed he would stay home and quiet. Which means usually those types af arrests are reserved for those to tend to piss of the handling officer. Which is why I asked why you driver was pulled over. Did she piss off the police which in turn got them looking at you? Something must have gone wrong during the traffic stop to get that sort of attention
 

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