pubic drunkeness

[debay0909@yahoo]

What is the name of your state? North Carolina

I went home to PIT for Christmas on 23rd of Dec. with my husband and step-daughter. My 75 yr old mother was waitning for over one hour for us to get our luggage and finally when it dropped I called her cell phone and told her to come and pick us up. After stopping and popping her trunk to put our luggage in, a police officer yelled at my mom and told her to move her car because she was in a pedestian walk way. She moved it up as far as she could, which was not far enough for the officer, and as I was putting final piece of luggage in the trunk, he told her that if she didn't move her car that he was going to arrest her! I looked at him and said that we were leaving anyway and that he must not want to be workiing, because it's Christmas and his attitude was not necessary! At that point, he said "that's it!" and asked my mother, who was in the drivers seat with the car in drive ready to drive away, for her DL and reg, etc. My mom started crying because she thought she was being arrested! I got out of the car and went to her window, as she would not look at me when I called her name from the back seat. The officer told me that if I didn't get in the car, he was going to arrest me! In the meantime, my husband, who had a broken wrist, was trying to ask the officer what he wanted, because we were all in the car ready to leave, and he totally ignored my husband! After making my mother very upset and ruining her day, he gave her all info back. At that time, my husband, who was already in the car as well, said to the officer, "way to go, buddy" and he flew around the front of the car, yanked him out of the car and said he would arrest him, put handcuffs on his cast; it didn't matter to him! I'm not sure why the officer shoved him back in the car, but as we were pulling away, I opened my window and said "Merry Christmas" and he said "out of the car, you're under arrest!" I said for what, sayin Merry Christmas? and he said for disorderly conduct an public intoxication! WOW! (I had a glass of wine on the 50 min. flight from CLT to PIT and he smelled it on my breathe). He hadcuffed my and put me in a cruiser and had me taken to the police dept. (right there at the airport). He gave me two charges as described above.

The next day, we all drove one hour back to the police dept. to file an investigation against this officer and after reviewing the case, the lt. of the dept. decided to repremand this officer. This is after 10 days had gone by and a third party witness came forward to express his unrest because of what he witnessed.

I went to court and the DJ knew the police officer, or course, and he found me not guilty for disorderly conduct but guilty for public drunkeness! They never gave me any type of sobriety test, only the "professional opinion" of the officer! I am in the middle of an appeal right now and am curious if I need an atty. We do not have a lot of money, and I think it shoud be cut and dry, that they have no proof that I was "drunk" let alone publicly intoxicated! My hearing is Sept.11 '06.

Please give advise/opinions!

Debbie

[BelizeBreeze]

My OPINION is your big mouth almost got your mother arrested and DID get you arrested.

Next time, keep it shut.

[CdwJava]

If this truly was a case of "contempt of cop", you will likely need the services of an attorney to win the appeal. On any appeal you almost certainly will need the services of an attorney.

On what grounds have you based your appeal? Remember, an appeal is based upon the original trial and any errors made. An appeal is NOT something you do when you don't like the verdict. And an appeal is not a place to re-try the case as they will generally only look at the original court record. On your hearing date you will almost certainly be asked for the grounds upon which you are appealing the court's decision, and if all you can come up with is that you disagree with the judge, you're likely sunk.

Consult an attorney soon.

Oh, and remember that in the future it is best to not park in the crosswalk (not permitted even for a minute), and not to lip off to the officer who has already demonstrated his irritability. When push comes to shove, the cop is going to make life difficult even if he shouldn't.

- Carl