stupid COPS

[starke]

What is the name of your state? Kansas


Okay, there's an annual festival in my town every year and this year i got arrested for an MIC. The thing is..

Me and some friends were camping when two people on bikes stopped by our campsite. Since it was dark, i didnt know who they were so i yelled to them. One cop came over to and started yelling "narc" at me and kept twisting my arm behind my back and kept saying, "are you ready to go to jail?!" At first i had no idea what was going on.. I couldn't even comprehend that it was a cop doing this to me. I come from a small town so immediately i knew the cop, and he knew me. We knew eachother personally and i know he hates me. Finally after begging him to let go of me, the other cop asked him if he'd rather bust the campsite next to us (which was full of high school kids at the time) or our campsite.. which had about 4 or 5 people, most who were legal to drink. So he let me go. After they tried busting the highschooler's campsite, no one was drinking over there, so they came back to my campsite and ID'd everyone there. By that time, i wasn't there. A couple hours later, I was leaving a portapotty and the two cops were waiting for me right there.

They told me they needed to talk to me about our "incident" earliar. He kept calling me narc... and kept asking me if ive been drinking. And i hadn't. He shined his flashlight in my eyes and told me to follow his finger.. and since i wasn't drunk it wasnt hard at all. but he still kept saying i was drunk. I yelled at them to give me a PBT. I yelled at them a few times and told them I wanted to take one b/c i knew i wasn't drunk. One of the officers said, "do you realy want one?" And i told him. YES! When the car arrived to take me to the station, i was still arguing with them about not being drunk. Then he asked about the car i just gotten out of.. which was still running and no one was driving. My friend ran off somewhere so she didn't get caught. They started checking around inside of it, so i finally gave in and told them i'd take their stupid ticket before they found my friend hidden inside the trunk.

Okay so my question is.. Is there a possibility this will get dropped b/c they never gave me a PBT? AND what else could i do about this situation? I know its not right! I NEVER admitted to drinking.. because i wasnt. Also both cops know me... and i actually have personal **** with the both of them.. i know theyre trying to do whatever they can to get me in trouble..

 

[CdwJava]

If your local court does not require a chemical test to show consumption as an element of public intoxication, then no - a lack of a test will not result in an automatic dismissal.

Most these types of cases (at least in my state) are dropped as simply being resolved by the arrest. However, if it is filed then you should consult local counsel.

Then he asked about the car i just gotten out of.. which was still running and no one was driving. My friend ran off somewhere so she didn't get caught.

The old 'mystery driver' story ... uh, yeah. Was it YOUR car? Did you have the keys?

In any event, this is a tale told quite often by drunks so I am not surprised they found it suspicious.

- Carl

 

[Some Random Guy]

The police know you from past crimes and infractions yyou have committed. Stop giving them excuses to arrest and ticket you.

MIC requires that you have had SOMETHING to drink, not that you are drunk. Blowing a 0.01 would have been enough evidence on a PBT to convict you. But no doubt the police will be able to convict you based on your actions, smells, and beer bottles at your campsite.

Get a better class of friends. Hiding in the trunk from the police displays a severe lack of character.

 

[starke]

If your local court does not require a chemical test to show consumption as an element of public intoxication, then no - a lack of a test will not result in an automatic dismissal.

Most these types of cases (at least in my state) are dropped as simply being resolved by the arrest. However, if it is filed then you should consult local counsel.


The old 'mystery driver' story ... uh, yeah. Was it YOUR car? Did you have the keys?

In any event, this is a tale told quite often by drunks so I am not surprised they found it suspicious.

- Carl

No it wasn't my friends car. They just knew it had something to do with me because it was the only car parked by the portapotty.. running.
what do you mean when you say, "Most these types of cases (at least in my state) are dropped as simply being resolved by the arrest. However, if it is filed then you should consult local counsel."

 

[starke]

The police know you from past crimes and infractions yyou have committed. Stop giving them excuses to arrest and ticket you.

MIC requires that you have had SOMETHING to drink, not that you are drunk. Blowing a 0.01 would have been enough evidence on a PBT to convict you. But no doubt the police will be able to convict you based on your actions, smells, and beer bottles at your campsite.

Get a better class of friends. Hiding in the trunk from the police displays a severe lack of character.

I didn't have ANYTHING to drink. Yeah i've made some past mistakes, but that's why i chose not to drink at all down at the festival. These two cops actually came back to the campsite the next night to try and get me again, but i wasn't drinking, and caught my best friend instead. And the guy in the trunk of the car really had nothing to do with me. A friend of mine was sneaking him in.. Not me.

 

[CdwJava]

what do you mean when you say, "Most these types of cases (at least in my state) are dropped as simply being resolved by the arrest. However, if it is filed then you should consult local counsel."

I meant that in my experience possession and intoxication cases are often resolved without any further action ... very often the matter is deemed "settled by arrest" and no further prosecutiion is desired.

If charges ARE filed, then you should consult an attorney.

- Carl