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Underage drunk in public

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swell

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



I was arrested for drunk in public in Los Angeles, California. I was immediately handcuffed and arrested after I refused to sit on the ground, taken to the police department and was held in a cell for 8 hours.
I heard that there are two types of breathalyzers; one for people under 21(larger in size), and one for people over 21. I heard that if the cop uses the one for people over 21 on a person under the age of 21 then the test or even the entire case is to be dismissed. Is this true? And I was also not told my rights as I was being arrested is that illegal also?
 


CdwJava

Senior Member
I was arrested for drunk in public in Los Angeles, California. I was immediately handcuffed and arrested after I refused to sit on the ground, taken to the police department and was held in a cell for 8 hours.
That's what happens when you defy the police and have been drinking.

I heard that there are two types of breathalyzers; one for people under 21(larger in size), and one for people over 21. I heard that if the cop uses the one for people over 21 on a person under the age of 21 then the test or even the entire case is to be dismissed. Is this true?
Not true. You heard wrong. There is no over 21 and under 21 device.

And I was also not told my rights as I was being arrested is that illegal also?
Miranda rights are not required in some 9 out of 10 arrests. Miranda is only required when you are both in custody and the police interrogate you. If they try to use any statements made by you AFTER your arrest at trial, your attorney can move to have those statements suppressed.
 

cyjeff

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

I was arrested for drunk in public in Los Angeles, California. I was immediately handcuffed and arrested after I refused to sit on the ground, taken to the police department and was held in a cell for 8 hours.
As Carl said, take that as a life lesson.

when an officer tells you to do something, do it... unless you want to spend the next several hours in a small cell.

I heard that there are two types of breathalyzers; one for people under 21(larger in size), and one for people over 21. I heard that if the cop uses the one for people over 21 on a person under the age of 21 then the test or even the entire case is to be dismissed. Is this true?
Complete and utter crap.

And I was also not told my rights as I was being arrested is that illegal also?
Nope... I assure you that your actions gave the officers plenty of eye witness testimony to draw upon.
 

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