Resisting and disorderly

[Jm2013]

What is the name of your state (only U.S. law)? Wisconsin
Long story short, I was drinking and got pretty intoxicated. I ended up having a panic attack (shortness of breath, chest pains, shakiness, etc.) which isn't something new for me, but is something I've had under control until recently. Anyways I made the decision to walk to get some help, as I had enough common sense to not get in my car. When the officer stopped me I explained to him why I was walking when he asked, and told him I thought I needed medical attention. It was when the officer tried to pull me to the car that my panic attack returned and I pulled away. He and the back up he called then put me in handcuffs for my safety they claim. During that I pulled my arms towards my body. Due to the intoxication a few choice curse words were said as well. I was then taken to the hospital and due to my fear of needles I had yet again another panic attack when they drew blood and gave me an iv. With lack of better explanation I freaked out.
I guess what I'm getting at is I know where they're coming from with the charges, but had I not been in such a high anxiety and panic state that night, I know I would have acted and responded differently to the officers.
So my question is: though I was in the wrong to a point, is it factored in that I was indeed having a panic attack? Or does that not matter when it comes to the law?
Also this is the first time I've ever been arrested. I was put in protective custody as a juvenile for mental health reasons, but this is the first adult charge I've received, so I really don't know what to do? Your opinions and advice are appreciated and thank you in advanced.

 

[quincy]

Jm2013, you can add content to your post by using the "edit post" feature or you can "reply to thread" and add your legal question that way. Starting a second thread is not necessary. It is preferred that you stick with this one. Please include the name of your state. Thanks.

 

[Jm2013]

I'm not really sure why that didn't work. State is Wisconsin.

 

[Jm2013]

I edited my post. Sorry about that! 🤔

 

[Zigner]

I'm not really sure why that didn't work. State is Wisconsin.

How's Wisconsin treating you?


Did you have a question?

ETA: Ahh, there it is...never mind.

 

[quincy]

What is the name of your state (only U.S. law)? Wisconsin
Long story short, I was drinking and got pretty intoxicated. I ended up having a panic attack (shortness of breath, chest pains, shakiness, etc.) which isn't something new for me, but is something I've had under control until recently. Anyways I made the decision to walk to get some help, as I had enough common sense to not get in my car. When the officer stopped me I explained to him why I was walking when he asked, and told him I thought I needed medical attention. It was when the officer tried to pull me to the car that my panic attack returned and I pulled away. He and the back up he called then put me in handcuffs for my safety they claim. During that I pulled my arms towards my body. Due to the intoxication a few choice curse words were said as well. I was then taken to the hospital and due to my fear of needles I had yet again another panic attack when they drew blood and gave me an iv. With lack of better explanation I freaked out.
I guess what I'm getting at is I know where they're coming from with the charges, but had I not been in such a high anxiety and panic state that night, I know I would have acted and responded differently to the officers.
So my question is: though I was in the wrong to a point, is it factored in that I was indeed having a panic attack? Or does that not matter when it comes to the law?
Also this is the first time I've ever been arrested. I was put in protective custody as a juvenile for mental health reasons, but this is the first adult charge I've received, so I really don't know what to do? Your opinions and advice are appreciated and thank you in advanced.

In my opinion, you have a decent "panic attack" defense to the charges.

You would be smart to consult with an attorney in your area. It is possible the charges could be dismissed, if your mental state the night you were taken to the hospital is presented properly. An attorney can help you with this.

I applaud the fact that you sought out help when you needed it, by the way, and that you chose to walk instead of drive. I hope for your health's sake that you learn to control your drinking better in the future, though.

Good luck.

 

[Ohiogal]

In my opinion, you have a decent "panic attack" defense to the charges.

You would be smart to consult with an attorney in your area. It is possible the charges could be dismissed, if your mental state the night you were taken to the hospital is presented properly. An attorney can help you with this.

I applaud the fact that you sought out help when you needed it, by the way, and that you chose to walk instead of drive. I hope for your health's sake that you learn to control your drinking better in the future, though.

Good luck.

"Panic attack" is not a defense. Especially when he was drunk. Alcohol CAN exacerbate panic attacks. And a panic attack does NOT make someone incompetent. Plus, has the OP been receiving treatment for panic attacks? Is he on medication for panic attacks? When was he last diagnosed with panic attacks?
The fact that he was INTOXICATED is what matters and will be what the court attributes to his behavior. Not a panic attack.

 

[quincy]

"Panic attack" is not a defense. Especially when he was drunk. Alcohol CAN exacerbate panic attacks. And a panic attack does NOT make someone incompetent. Plus, has the OP been receiving treatment for panic attacks? Is he on medication for panic attacks? When was he last diagnosed with panic attacks?
The fact that he was INTOXICATED is what matters and will be what the court attributes to his behavior. Not a panic attack.

Ordinarily I would agree with all that you said but, in the described situation, I think Jm2013's response to the police can be explained by the police response to Jm2013's medical needs.

Although "panic attack" is not a defense in itself, the fact that Jm2013 was experiencing a medical complication as a result of his alcohol consumption, and panic attacks can be exacerbated by alcohol consumption, Jm2013's condition was a medical matter and not a police matter.

Jm2013 was not (apparently) committing any crime when he was walking, even though he was intoxicated. He was not disorderly. He explained to the police officer that he thought he needed medical attention. It was only as he was being placed in the police car that he became combative, resisting what he no doubt thought was an arrest (since he was handcuffed).

I believe the situation could have been handled by the police better by calling for EMS assistance rather than calling for police backup. I see the charges resulting more from the actions of the police than from Jm2013's reactions to the police actions.

Again, he should seek out the help of a defense attorney. I think that the charges could be dismissed, this based strictly on what has been presented here, but the police could very well have good support for the charges that I do not see.

 

[dave33]

What is the name of your state (only U.S. law)? Wisconsin
Long story short, I was drinking and got pretty intoxicated. I ended up having a panic attack (shortness of breath, chest pains, shakiness, etc.) which isn't something new for me, but is something I've had under control until recently. Anyways I made the decision to walk to get some help, as I had enough common sense to not get in my car. When the officer stopped me I explained to him why I was walking when he asked, and told him I thought I needed medical attention. It was when the officer tried to pull me to the car that my panic attack returned and I pulled away. He and the back up he called then put me in handcuffs for my safety they claim. During that I pulled my arms towards my body. Due to the intoxication a few choice curse words were said as well. I was then taken to the hospital and due to my fear of needles I had yet again another panic attack when they drew blood and gave me an iv. With lack of better explanation I freaked out.
I guess what I'm getting at is I know where they're coming from with the charges, but had I not been in such a high anxiety and panic state that night, I know I would have acted and responded differently to the officers.
So my question is: though I was in the wrong to a point, is it factored in that I was indeed having a panic attack? Or does that not matter when it comes to the law?
Also this is the first time I've ever been arrested. I was put in protective custody as a juvenile for mental health reasons, but this is the first adult charge I've received, so I really don't know what to do? Your opinions and advice are appreciated and thank you in advanced.

If it's a disorderly charge or the Wisconsin equivalent, you may get some relief or a lesser sentence with a reasonable investment for a defense. If it's a felony assault on an officer, a much bigger investment will be needed. goodluck.

 

[Mt_Vernon]

Jm2013 was not (apparently) committing any crime when he was walking, even though he was intoxicated. He was not disorderly. He explained to the police officer that he thought he needed medical attention.

Given what's been going on in the news all over the country regarding police, I think the OP's mistake was asking a police officer for help. The OP should have asked anyone BUT a police officer for help. The police don't help. They arrest.

 

[quincy]

Given what's been going on in the news all over the country regarding police, I think the OP's mistake was asking a police officer for help. The OP should have asked anyone BUT a police officer for help. The police don't help. They arrest.

That is sort of where I am coming from in thought, as well, Mt_Vernon.

There have been recent incidents in my area where the police overlooked, or didn't understand the extent of, the individuals' medical conditions and reacted poorly as a result, putting the lives of these individuals at risk.

I have to ask, if Jm2013 had received medical attention rather than police attention, whether the night might have gone differently for all involved.