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Unlawful urination Charleston, SC

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JustM654456

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

South Carolina is the name of my state it was in the city of charleston I was given this ticket.

On 10/4/13 I was getting out of a long taxi ride from a concert I had attended with four friends in charleston. We had to wait a while to get a cab and it took us a long time to get back to our motel as well. We all had to use the restroom and my 3 friends went upstairs to use the restroom in our motel bathroom and I had decided I could no longer hold it. I had told my friends to go on ahead and that I would pee outside so I began to walk behind my car when a state police officer slammed the gas on his vehicle and pulled behind me. He asked me my name and room # which I politely answered for him. Then he asked to see my ID and when I grabbed my ID from my wallet and handed it to him he slapped cuffs on me like mid forearm extremely tight and told me to stand still in front of his car while he ran my id. I have marks on my bruises and red cuff lines on my wrist still today 10/7/13. Eventually he came out and patted me down removing everything from my pockets including my cell phone which he never returned to me. He asked if I had any weapons and being a little frusterated I jokingly said I had a grenade in my right pocket...he was not amused and started shouting do you want to go to jail tonight over and over so I decided it was best to keep quiet from then on.

So anyways fast forward he gives me a ticket Violation- Unlawful urination and a mandatory court date on 10/8/13 at 8:30am in charleston, sc. Violation sec 21-90.

Is there anything I can do? I assume he heard me tell my friends I would go outside but I didn't even get the chance before he came and arrested me. It was at 2:30am in a secluded parking lot off the highway.

Whats the best way to go about this? He wrote 262.00$ on the bottom of the ticket which seems pretty outrageous in my opinion. I'd really like to make sure this does not go on my record as I was just hired for an amazing job that had just got back to me with my background results and gave me a final offer. On their background check application it says if there's anything I didn't list and I get the job and they later find out I could be let go. So my main goal is to just make sure this isn't on my record and preferably not have to pay 262$. I was never read my miranda rights but I can't remember him asking me any incriminating questions like "were you urinating outside in public" or anything so I'm not sure if my miranda rights were violated or not. I read that if I felt they were I needed to file a motion before the trial date...but I wont know weather or not he says he asked me and I said yes or not until the trial tomorrow morning.
 


Ohiogal

Queen Bee
What is the name of your state (only U.S. law)?

South Carolina is the name of my state it was in the city of charleston I was given this ticket.

On 10/4/13 I was getting out of a long taxi ride from a concert I had attended with four friends in charleston. We had to wait a while to get a cab and it took us a long time to get back to our motel as well. We all had to use the restroom and my 3 friends went upstairs to use the restroom in our motel bathroom and I had decided I could no longer hold it. I had told my friends to go on ahead and that I would pee outside so I began to walk behind my car when a state police officer slammed the gas on his vehicle and pulled behind me. He asked me my name and room # which I politely answered for him. Then he asked to see my ID and when I grabbed my ID from my wallet and handed it to him he slapped cuffs on me like mid forearm extremely tight and told me to stand still in front of his car while he ran my id. I have marks on my bruises and red cuff lines on my wrist still today 10/7/13. Eventually he came out and patted me down removing everything from my pockets including my cell phone which he never returned to me. He asked if I had any weapons and being a little frusterated I jokingly said I had a grenade in my right pocket...he was not amused and started shouting do you want to go to jail tonight over and over so I decided it was best to keep quiet from then on.

So anyways fast forward he gives me a ticket Violation- Unlawful urination and a mandatory court date on 10/8/13 at 8:30am in charleston, sc. Violation sec 21-90.

Is there anything I can do? I assume he heard me tell my friends I would go outside but I didn't even get the chance before he came and arrested me. It was at 2:30am in a secluded parking lot off the highway.

Whats the best way to go about this? He wrote 262.00$ on the bottom of the ticket which seems pretty outrageous in my opinion. I'd really like to make sure this does not go on my record as I was just hired for an amazing job that had just got back to me with my background results and gave me a final offer. On their background check application it says if there's anything I didn't list and I get the job and they later find out I could be let go. So my main goal is to just make sure this isn't on my record and preferably not have to pay 262$. I was never read my miranda rights but I can't remember him asking me any incriminating questions like "were you urinating outside in public" or anything so I'm not sure if my miranda rights were violated or not. I read that if I felt they were I needed to file a motion before the trial date...but I wont know weather or not he says he asked me and I said yes or not until the trial tomorrow morning.
Consider being adjudicated a sex offender for unlawful exposure. $262 doesn't seem so bad now, does it? You are lucky you weren't arrested. YOu didn't need to be read your Miranda rights. You weren't in custody nor were you being interrogated. As for your smart aleck answer -- for that you could have been arrested and thrown in a holding cell until morning. Next time you decide to urinate you should consider the bathroom.
 

JustM654456

Junior Member
When reading law sites online i read that anytime you are being held without the freedom to leave you are considered in custody. So I think it would be safe to assume I was in custody when the cuffs went on. Yes public urination isn't considered a sex offender crime I guess you could call it lucky I'm not a sex offender for needing to use a bathroom when there are none available. Thanks for your reply look forward to seeing others.
 

JustM654456

Junior Member
And as I never had to chance to use the restroom I was never given the chance to expose myself either just sayin
 

Ohiogal

Queen Bee
When reading law sites online i read that anytime you are being held without the freedom to leave you are considered in custody. So I think it would be safe to assume I was in custody when the cuffs went on. Yes public urination isn't considered a sex offender crime I guess you could call it lucky I'm not a sex offender for needing to use a bathroom when there are none available. Thanks for your reply look forward to seeing others.
Yet your friends found a bathroom:
my 3 friends went upstairs to use the restroom in our motel bathroom and I had decided I could no longer hold it
Go figure that. And you weren't being interrogated. Hence no Miranda was needed. Please reread what I said and note the word "AND".

Your excuses are not going to get you very far. Personally, maybe the officer should have let you whip it out and THEN handcuffed you so you could pee on your shoes and stand there showing the world what little you have.
 

OHRoadwarrior

Senior Member
I suspect in his version you will have you already released the little man. That said, it does not appear you have been charged under the correct statute unless that is a local one. I would consult a lawyer.
 
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Dave1952

Senior Member
If the OP did not have a chance to expose himself and pee, which is what he claims, then the ticket is puzzling. I wonder what the officer will testify to in court. It's not against the law to almost expose yourself and almost pee. Something doesn't make sense.
 

Just Blue

Senior Member
If the OP did not have a chance to expose himself and pee, which is what he claims, then the ticket is puzzling. I wonder what the officer will testify to in court. It's not against the law to almost expose yourself and almost pee. Something doesn't make sense.
I agree. OP's post did not make sense.;)
 

TigerD

Senior Member
If the OP did not have a chance to expose himself and pee, which is what he claims, then the ticket is puzzling. I wonder what the officer will testify to in court. It's not against the law to almost expose yourself and almost pee. Something doesn't make sense.
I'd be willing to bet the officer will testify that the wonder worm appeared and played Punxsutawney Phil and predicted 6 more years of maturing.

DC
 

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