Public Intoxication Arrest

[caaron69]

What is the name of your state? Texas

I was arrested last weekend for Public Intoxication. We were dropping friends off at their vehicles after spending a few hours at the club, and after eating breakfast at IHOP. I was a passenger in the vehicle, and the officer asked me to exit the vehicle for no reason. I politely declined, stating that I knew my rights, and asking the reason he wanted me to exit. He demanded 3 times that I exit the vehicle, then he opened the door, grabbed me by the arm, and twisted it behind my head. He then yanked me from the car, cuffed me, and took me to jail. He used excessive force, and I had the police officers at the jail take pictures of my arm, where there is still a large, hand-shaped bruise. Was I wrong? Did I do something to deserve that treatment, and should I really have been charged with a PI? I was never tested, field or breath, and never told I was being arrested or why....please help?

[TomHartmann]

Originally Posted by caaron69

What is the name of your state? Texas

I was arrested last weekend for Public Intoxication. We were dropping friends off at their vehicles after spending a few hours at the club, and after eating breakfast at IHOP. I was a passenger in the vehicle, and the officer asked me to exit the vehicle for no reason. I politely declined, stating that I knew my rights, and asking the reason he wanted me to exit. He demanded 3 times that I exit the vehicle, then he opened the door, grabbed me by the arm, and twisted it behind my head. He then yanked me from the car, cuffed me, and took me to jail. He used excessive force, and I had the police officers at the jail take pictures of my arm, where there is still a large, hand-shaped bruise. Was I wrong? Did I do something to deserve that treatment, and should I really have been charged with a PI? I was never tested, field or breath, and never told I was being arrested or why....please help?

You were arrested because you disobeyed what the officer demanded. Had you cooperated, maybe you would not be arrested.

- Tom

Contempt of cop. Most common reason for trouble that exists.

Whether the officer was right or wrong, you acted stupidly.

[CdwJava]

Originally Posted by caaron69

I was a passenger in the vehicle, and the officer asked me to exit the vehicle for no reason.

He has his reasons ... whether you agree or not is a matter for a court to decide at a later time. Trying to argue it on the street will get you in trouble.

I politely declined, stating that I knew my rights, and asking the reason he wanted me to exit.

Which "rights" did you think you knew? And, of course, he is under no obligation to tell you why he wants you to exit. He certainly CAN tell you, but he doesn't generally have to.

He demanded 3 times that I exit the vehicle, then he opened the door, grabbed me by the arm, and twisted it behind my head. He then yanked me from the car, cuffed me, and took me to jail.

Well, you failed to comply with his order so he decided to use that amount of force necessary to gain compliance. If it hurt, then it could have been an approved and completely permissable control hold (they are designed to inflict some measure of discomfort).

He used excessive force, and I had the police officers at the jail take pictures of my arm, where there is still a large, hand-shaped bruise. Was I wrong?

The matter of "excessive force" is a legal decision that we cannot decide here. An attorney would have to evaluate the matter and take it to a court. But, if you were inebriated, then chances are this isn't going very far at all. Drunks get stupid all the time, and very often they think they did nothign wrong later. I have no way of knowing if that's the case here, but when you failed to comply you opened the door to all sorts of things. heck, you could have been charged with resisting or obstructing a peace officer (or the TX equivalent).

- Carl

[shopgirl57]

Carl and Tom are the only ones on here that give out the best advice, and it is correct at that.