Public Intoxication: Can I fight this?

[donedwards]

What is the name of your state? Ohio

Last night I was charged with public intoxication. I was very intoxicated, I wasn't given a breathalyser probably because I was obviously drunk. However, I was sitting in my car, which was parked in the lot of a movie theater. I knew I was too drunk to drive, so I put my seat back and decided to sleep and sober up. I was arrested even though I was sitting in my car. Does my own car count as being in public? If not, what steps do I have to take to fight this? Any help would be greatly appreciated.

 

[CavemanLawyer]

If your car is in public than you are in public too. Legally you probably are guilty of public intoxication, but personally I think that's ridiculous to ticket somebody for sleeping it off rather than risk the drive home. That's exactly what you're supposed to do. Tell your reasoning to the prosecutor and hopefully he/she will cut you a deal.

 

[Ohiogal]

However i can understand why he was arrested. To prevent his intoxicated self from actually starting said car and driving away. And what movie theaters serve alcohol? (That is a serious question by the way).

 

[driven]

And what movie theaters serve alcohol? (That is a serious question by the way).

I've been to plenty. They are dine in theaters. When I was in college we used to go to one all the time. Eat, drink plenty, watch the movie. Good fun! Not sure if that was the deal for the OP.

 

[Ohiogal]

I'm in Ohio and never seen it.

 

[donedwards]

Wait so should I plead not guilty, or just request that the judge dismiss the charge, or what?

 

[mrgonzo]

well, how were you found to be drunk? If its just the officers hunch and they have no breathilizer results, I guess you could fight his opinion in court; tell them you were sick and drank too much nyquil or something.

Im not a lawyer, but I always thought that public intoxication was just kind of a B.S. law allowing police to arrest troublemakers; thats crazy that they would arrest you for sleeping in your car!

 

[Zigner]

well, how were you found to be drunk? If its just the officers hunch and they have no breathilizer results, I guess you could fight his opinion in court; tell them you were sick and drank too much nyquil or something.

mrgonzo - it's better to give no advice rather than bad advice.

 

[mrgonzo]

Well, haha, I was just saying if they have no evidence - then I would proclaim my innocence and come up with a damn good excuse; feeling sick enough to sleep from something other than drinking would be a good one in my lowly opinion; and nyquil can mimic the effects of alcohol.

Though, I would agree that from my experience the courts will side with the officer even with no evidence, and you will lose; but better to go down fighting I suppose.

And like I said, public intoxication is a very very broad B.S. law that seems to only be used on trouble makers who drink - not the overly intoxicated.

 

[Zigner]

Though, I would agree that from my experience the courts will side with the officer even with no evidence, and you will lose; but better to go down fighting I suppose.

And that is what makes your information bad. The court DOES have evidence in the form of expert testimony.

 

[OneFineDay]

Fight it? You should thank the cop. In Ohio. you can be charged with OVI if you are drunk, in the front seat of your car and have your keys on you or in the ignition. He cut you a break.

As for the cop having no evidence...your breath, your speech, your eyes, your movement...all of this is evidence, which he would testift to. You using the Nyquil bit...thats called perjury.

Pay the $150 fine and be thankful you didn't get the OVI, $1000 fine, and licenses suspension.

 

[mrgonzo]

And that is what makes your information bad. The court DOES have evidence in the form of expert testimony.

I need to clarify that I was referring to "physical evidence" a police officer can be cross examined - a breathilizer printout would be slightly harder to counter.

 

[mrgonzo]

Fight it? You should thank the cop. In Ohio. you can be charged with OVI if you are drunk, in the front seat of your car and have your keys on you or in the ignition. He cut you a break.

There was no mention of his keys being in or near the ignition. Where did you see that?

 

[Zigner]

I need to clarify that I was referring to "physical evidence" a police officer can be cross examined - a breathilizer printout would be slightly harder to counter.

What makes you think a breathalyzer printout would be any less difficult to counter? Honestly, I can think of many reasons why it could be argued that information from a breathalyzer should not be admitted in to evidence. More reasons than for the officer's testimony.

 

[mrgonzo]

What makes you think a breathalyzer printout would be any less difficult to counter? Honestly, I can think of many reasons why it could be argued that information from a breathalyzer should not be admitted in to evidence. More reasons than for the officer's testimony.

I guess you are right in that respect. I cross examined a rookie officer for a speeding ticket and had him gasping for words and a complete mess; it was obvious that I won, but the judge still found me guilty. So I agree, pretty hard to beat an officers testimony; but doesn't mean you shouldn't go down fighting right? If everyone fought BS infractions there would be a lot less of them handed out.