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Virginia Pubic Intoxication -- Arrest w/ out any sobriety tests...

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M

Melquiades

Guest
Hello to all out there...

I'm a 19 year old male in Southern Virginia, who was picked up last night for public intoxication and spent the night in jail. Considering it was my first time in jail, I would have been more scared if I was not so raging angry at the entire process and the fact that I was very clearly not intoxicated..

While walking only a hundred feet from my apartment Saturday night, I was accosted by two cops who proceeded to stop me and ask me a series of questions. They asked if I had been drinking (I had 1/2 a bottle of wine 4 hours ago from then...) and I told them the truth. They asked me a few more details about my name, birth, etc.. and then stated they were arresting me for public intoxication. I couldn't believe that I was being arrested for something I clearly wasn't (if I had any alcohol in me from the wine, it was decreased to a negligable amount...).

I asked what proof they had, and the main officer said that my eyes were bloodshot, speech slurred and that was all he needed. I told them that I wanted to take a sobriety test, but they refused to give me one and I spent the night in jail.

Now while I was being a smartass to the cops and walking around late at night, I know very well that I wasn't drunk. However, is there anything I can do in court to have this noticed and question the officer's call that I was drunk based solely on the bloodshot eyes (it was 1 in the morning and in a not well-lit area, so I don't know how well he could see my eyes) and the slurred speech (Which also seemed to be based on one or two verbal hesitations I made from being nervous of talking to them).

Any help would be greatly appreciated. I am always willing to accept the consequences of my actions, but I'll be damned if I'm going to let this hurt my public record when it was a completely false charge. Thanks.

M
 



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