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  #1  
Old 09-09-2004, 04:55 PM
Gloria829
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Arrested with no charges!


What is the name of your state? PA Two weeks ago a friend and I went walking along the river (As I do every night), An officer pulled up along the path and demanded we get in his car to drive us home(I live around the corner). I refused, and said "I could walk myself"! He said I had two choices..A-He drive us home or B- I go to jail. I used profanity and he arrested me ( No phone call, and kept me all night). I now have a summons for public drunkenesss ( Had 4 beers earlier in the evening). There are no signs posted along the river, nor hours posted. No testing was administered! Can I win this?
  #2  
Old 09-09-2004, 05:46 PM
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Why did you swear at the police officer? "Free Speech" or the alcohol?
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Old 09-09-2004, 06:16 PM
Gloria829
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Free speech or alcohol?


The small borough I live in is filled with officers who seem to make the laws up as they go along.... In all honesty, I cursed out of frustration! Two weeks prior to this incident, a friend of mine was told to "shut the F#*k up" by one of these officers (after being assaulted and told he could not press charges)!
  #4  
Old 09-09-2004, 08:02 PM
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If you want out of this (I'm sure you do), you will have to get an attorney to represent you in court. Public defenders, IMO, are too overworked to be of much assistance (unless you want to plea bargain). But even with an attorney, it may be unpredictable. You could pay an attorney a lot of money and still lose. But many attorneys will do a free initial consultation.
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Old 09-09-2004, 08:17 PM
Gloria829
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Thanks


Thank you for your assistance.... it is much appreciated!
  #6  
Old 09-17-2004, 03:18 AM
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Forgive my late entry into this thread, but maybe I can shed some light....

No test is required for a PD charge. The standard is being "manifestly under the influence of alcohol" to a degree that you are a danger to yourself or others, or annoyed others in your vicinity.

No signs being posted near the river is immaterial...you weren't charged with trespass.
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  #7  
Old 09-17-2004, 06:54 AM
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Quote:
Originally Posted by Gloria829
I now have a summons for public drunkenesss ( Had 4 beers earlier in the evening). There are no signs posted along the river, nor hours posted. No testing was administered! Can I win this?
As noted by Bravo8, here is the charge you face:
§ 5505. Public drunkenness.
A person is guilty of a summary offense if he appears in any public place manifestly under the influence of alcohol or a controlled substance, as defined in the act of April 14, 1972 (P.L. 233, No. 64), known as The Controlled Substance, Drug, Device and Cosmetic Act, except those taken pursuant to the lawful order of a practitioner, as defined in The Controlled Substance, Drug, Device and Cosmetic Act, to the degree that he may endanger himself or other persons or property, or annoy persons in his vicinity.


Based on your own post:
1) You were in public, and
2) You appeared (at least to the officer) to be drunk, and
3) You 'annoyed' other persons (I certainly have to assume you did more than just say that you could walk yourself as evidenced by the officer 'suggesting' he assist you home!).

Sounds like a pretty good case to me, especially considering that this is YOUR version.
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