Hooters

[Dirt10]

What is the name of your state? VA
A couple of days ago I got arrested for underage drunk in public. I had a couple of drinks and about 30 mins later I went to go eat with my friend at hooters. When we were almost done our waitress told me I wasn't leaving because I smell of alcohol. My friend ordered a pitcher but I did not drink any of it. The manager also came out and said that I couldn't leave and that the police were on the way. I tried to leave and as soon as I walked out the door an employee tackled me and held me on the ground until the police showed up. Can they keep me from leaving their restraunt like that? I wasn't causing a scene the waitress said that I just smelled of alcohol.

 

[tranquility]

They can, but it's a bold move. They pretty much made a citizen's arrest. For a misdemeanor committed in their presence, they determined to arrest you. They don't get a probable cause defense or a qualified immunity from suit, so they better have been right in making the arrest.

Also, the amount of force has to be reasonable. Here they may have even more of a problem. Tackling a person who has not done anything but be a minor in consumption seems a bit harsh. See an attorney.

As to the crime, nothing you've written will help you. However, you may have a civil suit against Hooters for false arrest and for battery.

 

[gawm]

A couple of days ago I got arrested for underage drunk in public. I had a couple of drinks and about 30 mins later I went to go eat with my friend at hooters.

They really do have the best wings, don't they? No one ever believes me when I tell them that, even though it's true!

When we were almost done our waitress told me I wasn't leaving because I smell of alcohol.

Have you ever heard of breath mints or gum? They won't fool police, but surely it can fool a Hooter's waitress. They aren't hired for their brains you know. (I also would have deducted 5% off her tip)

My friend ordered a pitcher but I did not drink any of it.

No one is believing that. They probably saw you drink some.

The manager also came out and said that I couldn't leave and that the police were on the way.

What happened when you bolted for the door?

I tried to leave and as soon as I walked out the door an employee tackled me and held me on the ground until the police showed up.

Wow, tackled by a Hooter's waitress! That is both exciting and embarrassing at the same time.

Can they keep me from leaving their restraunt like that?

Apparently.

I wasn't causing a scene the waitress said that I just smelled of alcohol.

That's usually the first clue. Good luck to you, next time you drink, stay at home.