Virginia, public intoxication, dxm

[epil]

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

I was sitting on a bench drinking a bottle of Robitussin (my third, but she didnt know) when a cop approached me.
She confiscated the bottle (half empty)
gave a BAC test (0.00)
gave eye test, i was choppy both horizontally and vertically

arrested for public intoxication.
without Miranda Warnings

i was held for 12 hours.

i was going to simply plead no-contest, what advise can you give me?What is the name of your state (only U.S. law)?

 

[GaAtty]

GaAtty

I think the evidence against you is skimpy. The BAC was zero. You should contact a criminal attorney or the public defender, if you qualify.

 

[HighwayMan]

without Miranda Warnings

Why would you be Mirandized? You watch too many television shows.

There was no reason for you to be given Miranda warnings.

You drank three bottles of cough medicine with alcohol in it but you blew a 0.0? That seem suspect. Maybe your "choppy" eyes just think they saw all zeros.

 

[epil]

no, i blew a 0.0

and the Miranda warning is significant because she cant bring up anything that i said in court am i right?
she asked is i had a cold and i said no before i realized it was a cop
if i was never read miranda rights, she cannot bring up what i said in court. or am i mistaken?

given that is true and the officer said at the time i blew a 0.00, then what i'm thinking is that they have nothing that can prove i was ever actually intoxicated.
that's why i posted here, thanks

 

[xylene]

given that is true and the officer said at the time i blew a 0.00, then what i'm thinking is that they have nothing that can prove i was ever actually intoxicated.

The choppy eye movement, on the nystagmus test... that is pretty conclusively evidence of intoxication.

You need to understand that the findings of an officer are evidence, not just some opinion or hearsay.

Your best bet is to get a lawyer, and plead not guilty.

A drug conviction is serious.

The gaze nystagmus test can be attacked.

You don't have a case solely on the officer not reading you the miranda.

 

[woodykas]

You drank three bottles of cough medicine with alcohol in it but you blew a 0.0? That seem suspect. Maybe your "choppy" eyes just think they saw all zeros.

Actually, Robitussin does not contain alcohol, it contain Dextromethorphan. When exceeding label-specified maximum dosages, dextromethorphan acts as a dissociative psychedelic drug, but it is legal in US and does not require prescription. Antitussive preparations containing dextromethorphan are legal to purchase from most pharmacies worldwide. Since dextromethorphan's use as a recreational drug usually involves only the ingestion of large quantities of an over-the-counter medication, no legal distinction currently exists between medical and recreational use, sale, or purchase, though some states, such as Illinois, now require signatures to purchase dextromethorphan medications and limit the purchase to two packages at a time.

 

[xylene]

Actually, Robitussin does not contain alcohol, it contain Dextromethorphan. When exceeding label-specified maximum dosages, dextromethorphan acts as a dissociative psychedelic drug, but it is legal in US and does not require prescription. Antitussive preparations containing dextromethorphan are legal to purchase from most pharmacies worldwide. Since dextromethorphan's use as a recreational drug usually involves only the ingestion of large quantities of an over-the-counter medication, no legal distinction currently exists between medical and recreational use, sale, or purchase, though some states, such as Illinois, now require signatures to purchase dextromethorphan medications and limit the purchase to two packages at a time.

no, you are incorrect.

Robotrippin, can be public intoxication.

OTC status does not make being intoxicated in public legal.

The state does not have to measure chemical intoxicant level, as is often done with BAC to prove, de jure, intoxication...

The posters inadvertent admission to swilling cough syrup to get high, along with the HGN test...

 

[enjay]

Sheesh, I have a cold and have been worrying that taking an extra teaspoon of Robitussin per dose might be hurting me (I'm coughing, a lot).

 

[dave33]

epil, The fact that the officer did not read you your rights is of no consequence. I do not know how your states public intoxication law reads. Maybe because you blew a 0 can very well warrant a dismissal. I think maybe a time-out is in order. These types of legal encounters is part of that lifestyle. I am not in any way judgeing you. I am saying that if you want to change,perhaps this is an opportunity to do so. When you are sitting on a bench sipping your 3rd bottle of cough syrup,you cannot be happy with that. I realize this is not legal advice,but if some sort of help is offered maybe you should take it. I also realize having the court system and probation monitoring you is a real pain. But, I think we both know that without some effort and change on your part, things are going to get worse. I almost always advocate for pleading not guilty and fighting for every right you are entitled to. I would also suggest that in this situation,but if there comes a time in this procedure when you feel you can take advantage of some state service or re-hab program,do yourself a favor and give it a try.goodluck.Dave

 

[epil]

yea, i was tripping on dxm, its not an addiction. thanks for the life advise but im fine, 900mg dxm (3bottles) is a moderate dose if your goal is dissociative psychedelia, which i am more than familiar with.

the real matter at hand is whether cough syrup constitutes as public intoxication. they had no way of knowing how much i had other than the eye test (which is disputable?) and intoxication defined in virginia is have enough alcoholic beverages for noticeable behavioral consequences. but they stretch that out to encompass any narcotics (i believe)

since i blew a 0.0, there was obviously no alcohol involved. and they cannot prove my behavior was a result of any narcotics use because there is no evidence. all they have is a half empty bottle of robitussin i had in my possession and the officer probably saw my drink out of.

if the cop in mention says in court that i was noticeably altered (which i most definitely was, and she would say so). but what's interesting i think is that they cant say that i had more than a normal dose of OTC medicine (no crime).

i guess the consensus is to get a lawyer but is the money worth it? whats the worst if i plead no contest?

 

[HighwayMan]

Actually, Robitussin does not contain alcohol,

Depends on what he means by "Robitussin". The cough and cold version does contain alcohol.

 

[HighwayMan]

and the Miranda warning is significant because she cant bring up anything that i said in court am i right?

No, that's not right.

Miranda Warnings are only necessary for custodial interrogation. If the officer walked up to you and started asking you questions then Miranda probably wasn't necessary. Your statements could easily incriminate you.