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Public Intoxication - Virginia

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bjodey

Junior Member
What is the name of your state (only U.S. law)? Virginia...

On 6/26/08 at approx. 1:30 A.M. a friend and I were conversing with two females in a college bar. We were having a good time and of course had been drinking. A male approached us and demanded that we leave, he insisted one of the females was his girlfriend. We refused, he approached the bar manager with whom my friend got in to a confrontation. We had done nothing wrong, we were paying customers, why were we ordered to leave? The police were called, we were removed from the bar as a result. Upon exiting the bar, we were questioned by three officers. I asked the officers for their names and badge numbers; they refused. I asked them twice more for their name and badge numbers and they all refused. I was then arrested for public intoxication, my friend was not arrested. The officer, never read my Miranda rights (which I'm aware that its not required of him, but he cant use anything I said in the court of law as a result). I live within a stones throw of the bar, and even though I had been drinking, I was aware of my surroundings and by no means represented a danger to myself or others. I was not given a BAC test. I was booked and had to spend 8 hours in a holding cell. Should I consult a lawyer? What are the odds of getting this dismissed? Is an officer required to give his name and badge # upon request?
 


outonbail

Senior Member
What is the name of your state (only U.S. law)? Virginia...

On 6/26/08 at approx. 1:30 A.M. a friend and I were conversing with two females in a college bar. We were having a good time and of course had been drinking. A male approached us and demanded that we leave, he insisted one of the females was his girlfriend. We refused, he approached the bar manager with whom my friend got in to a confrontation. We had done nothing wrong, we were paying customers, why were we ordered to leave?
A. You were drunk
B. You were bothering another patron and his girlfriend
C. Your friend got into a confrontation with the manager
D. Because the bar employees can refuse service to anyone

The police were called, we were removed from the bar as a result.
Did this come as a surprise?
Upon exiting the bar, we were questioned by three officers. I asked the officers for their names and badge numbers; they refused. I asked them twice more for their name and badge numbers and they all refused. I was then arrested for public intoxication, my friend was not arrested.
You wanted their badge numbers and weren't going to be happy until you got them. If you look on the police report and/or your citation, you will notice that you were in fact, provided with the name and badge number(s) of the arresting officer. So you were successful in gaining this information. Now, you just need to figure out why you wanted this information so bad, that you were willing to get arrested and gain a criminal record over it.
The officer, never read my Miranda rights (which I'm aware that its not required of him, but he cant use anything I said in the court of law as a result). I live within a stones throw of the bar, and even though I had been drinking, I was aware of my surroundings and by no means represented a danger to myself or others.
This is your opinion, which need I remind you, is the opinion of a drunk obnoxious idiot, who refused to leave a bar when told to do so by the manager and refused to go on your way when told to do so by the police, because you wanted name and badge numbers. This then promotes you to a drunken obnoxious idiot who watches way too much television.
I was not given a BAC test. I was booked and had to spend 8 hours in a holding cell. Should I consult a lawyer?
Seeing how you didn't do very well representing yourself to a bar owner and patrol officers, I think having a lawyer represent you in court would no doubt, be in your best interest.

What are the odds of getting this dismissed?
Lets just say it's a long shot.
Is an officer required to give his name and badge # upon request?
The police are not required to answer any questions they receive from a drunk, obnoxious idiot who refuses to go home and watch television when the police order him to leave.
 

bjodey

Junior Member
A. You were drunk
- I had 3 12oz Bud Lights within a 2 hour period; I'm 6'5, 265lbs = not drunk.

B. You were bothering another patron and his girlfriend
- I may have upset another patron, but his girlfriend initiated the conversation with us and even gave me her contact information.

Now, you just need to figure out why you wanted this information so bad, that you were willing to get arrested and gain a criminal record over it.
- I know why I wanted this information so bad; I had done nothing wrong, my friend had gotten in to the confrontation, not me so why remove me from the premises when I was merely sitting at the same table as him?

is the opinion of a drunk obnoxious idiot
- May I remind you once again, I had 3 12oz Bud Lights within a 2 hour period; I'm 6'5, 265lbs = not drunk. I'm a senior in college and have maintained a 3.86 GPA while working an average of 60 hours a week while you were busy posting replies on this forum behind your computer screen in the A/C at your parents house.

This then promotes you to a drunken obnoxious idiot who watches way too much television.
- I don't own a television, nor do I have time for one. The night I was arrested was only the third time I have ever even gone to a bar; I'm 22.

The police are not required to answer any questions they receive from a drunk, obnoxious idiot who refuses to go home and watch television when the police order him to leave.
- Thanks for your kind AHEM, I meant your obnoxious response to my question.
 

outonbail

Senior Member
- I had 3 12oz Bud Lights within a 2 hour period; I'm 6'5, 265lbs = not drunk.
Ah yes, the magic number three. I think it must be some sort of phenomenon that occurs when people consume alcohol, even intelligent people suddenly can't count any higher than three. They always zip right past two, but stop on three.


- I may have upset another patron, but his girlfriend initiated the conversation with us and even gave me her contact information.
Then it's obvious that she had three beers as well. ;)

- I know why I wanted this information so bad; I had done nothing wrong, my friend had gotten in to the confrontation, not me so why remove me from the premises when I was merely sitting at the same table as him?
Did you read my last post, the part about them having the right to refuse service to anyone? When someone tells you that you are no longer welcome in their home or business, for any reason, then you have to leave. To refuse, is trespassing. The police more than likely asked the manager if he/she wanted to sign a citizens arrest form and have you arrested for trespassing. The Manager must have said that he just wanted you and your friend removed and told not to return, which I imagine, the officers did.
But you are of the mistaken opinion, that you have some right, to remain on someone else's private property, because you were a paying customer.

So when the police escort you and your friend out of the bar and tell you to go away, leave, not to come back or you will be arrested, you start making demands and telling the police you want their name and badge numbers.
This quite frankly, is a very stupid way to behave when the police are just asking you to leave and it is something I've only heard drunk idiots do. The police let you stomp your feet, pout and demand their identification three times, then they had enough. There is that magic number three again, only after three strikes, you were in! (custody)

- May I remind you once again, I had 3 12oz Bud Lights within a 2 hour period; I'm 6'5, 265lbs = not drunk.
Thanks for the reminder, one more time and you'll have reached three times!

I'm a senior in college and have maintained a 3.86 GPA while working an average of 60 hours a week while you were busy posting replies on this forum behind your computer screen in the A/C at your parents house.
I moved out of my parents home thirty five years ago. I do however have the air conditioning running at this very moment, so you must be clairvoyant. It's good you're working 60 hours a week, you should have no problem paying an attorney to do damage control.
Your friend must have the higher GPA, since he knew who to have a confrontation with and when to STFU, you should have followed his lead.


- I don't own a television, nor do I have time for one. The night I was arrested was only the third time I have ever even gone to a bar; I'm 22.
The third time, as in three visits? Gee, I would never have guessed.

- Thanks for your kind AHEM, I meant your obnoxious response to my question.
Why you're certainly welcome,,, that's why I'm here.

Now go call that contact information you got at the bar,,, probably best if you do before she sobers up!
 

bjodey

Junior Member
Ah yes, the magic number three. I think it must be some sort of phenomenon that occurs when people consume alcohol, even intelligent people suddenly can't count any higher than three. They always zip right past two, but stop on three.
- I only consumed three (3) beers that night, fact.

As I have never been in trouble with the law before I was merely seeking advice from an online forum that is SUPPOSEDLY here for legal advice. It seems as though your life revolves around this site (1,688+ posts, at an average of 1.2 posts per day, what an accomplishment!?) and belittling those of us who actually seek advice and not obnoxious scrutiny. Had I known I would've crossed paths with such a pathetic excuse of a human being as you, I would never have wasted the five minutes of my life that it took to join this site.

Thanks for your responses, but:
1. I have a life and I don't have the time to sit behind my computer all day to religiously check this forum for new posts such as you do.

AND...

2. While I'm sure there are several members out there that give wonderful advice to those of us seeking it; I have yet to discover it for myself.

SO...

This will be my last post,

AND...

I'm sure you will post a rebuttal, but I wonder if you will be more excited about it being your 1,689th post or if your will get more joy out of knowing you automatically got the final word.
 

outonbail

Senior Member
I'm sure you will post a rebuttal, but I wonder if you will be more excited about it being your 1,689th post or if your will get more joy out of knowing you automatically got the final word.
Neither, I'm posting this reply because I know you will be reading it. How? Because your like the child that gets mad when he doesn't get his way. He takes his toys out of the sandbox, but still watches all the other kids in the sand box having fun.

As far as your questions, I did answer them. Since you have obviously missed them, "May I remind you once again"

1. Should I consult a lawyer? Answer: YES
2. What are the odds of getting this dismissed? Answer: Long shot = Unknown
3. Is an officer required to give his name and badge # upon request? Answer: No

Sorry you feel like you were getting picked on, but the behavior you described in your original post, doesn't read like you only had three beers.
I'm also sorry you wasted 5 minutes joining this site. But since this site offers a money back guarantee, you're entitled to receive a full refund!

One last piece of advice: You shouldn't be so quick to lose control of your emotions. You've done it here in three posts, you did it in the bar when you refused to leave and you did it with the police which lead to your arrest.

When you learn to gain control over your emotions, you will discover that you come out better in all situations life throws at you.
When you fly off the handle at the drop of a hat, you will discover jail, criminal court, civil court, divorce court, an a$$ whoop-in or two and no sand box to put your toys in.

Good luck
 

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