Can i get public intoxication charge for drinking in a club and argument with bouncer

[hunk_quark]

What is the name of your state (only U.S. law)? INDIANA
Dear Sir,
I am a Graduate International Student in Engineering at a Large University in Indiana close to my PhD graduation and looking for a job. I have good grades (GPA 3.5+) and no criminal history except for a speeding ticket i got in Ohio 2 years ago (was doing 78mph on a 65mph highway).

Last week i was in a club dancing on the dance floor. It was 2:40AM when the bouncer walked up to me asked me to leave without giving me a reason. I asked him for a reason and he told me he doesn't have to give a reason to anyone. Then i asked him his name for reporting a complaint against him with the manager and he wouldn't give me his name. Anyway he escorted me out of the club and at the exit i pulled out my camera and took a picture of him, and I told him i will show this picture to his manager the next day for unjustly targeting people and kicking them out of the club without even giving a reason. He snatched my phone, deleted the picture and waved to the cops standing outside the club.
The cops then threw me in the cop car right outside and i sat in there for about 5 mins. They were were rude and forceful all this while even when i was cooperative. After 5 mins one of the cops asked me to step out. I told him 'first you force me in your car and now you are yelling at me for stepping out' as i was angry at their rude behavior. I think that ticked off the cop, and he with another officer pulled me out of the car and handcuffed me and drove me to the jail where i spent the night.

They tested me at the jail and my BAC was 0.167, which should be about right since i had 5 drinks that night. No fingerprinting though. Now i have a court date (in 4 weeks) and i am charged with public intoxication (the arrest says public intoxication and disorderly conduct but the courtview website only mentions public intoxication).

Since i am looking for jobs already, i would not want a criminal charge on my account. I could enter a pre trial diversion, which according to some peopel I have talked to, is the most common thing to do, but that would still show up as pending charge on my background check by future employers for the next one year and might interfere with my H1B processing in the future.

I feel like i was arrested and bullied by the police for no good reason.
My question is: Are bars and clubs considered as public places in Indiana. I am asking this because there was a cover charge ($5) to enter the club.

I am asking these question to decide between signing up for a pre-trial diversion or asking for a jury trial is my case is strong.What is the name of your state (only U.S. law)?

[IsabellaSoriano]

the club is a private company. they can refuse your patronage at any time. they do not have to give a reason.

[hunk_quark]

Thanks for the answer IsabellaSoriano, but I did leave the club when asked and i only took the picture at the club exit, holding the door open with one hand and taking the picture with a camera phone in my other hand, when the bouncer snatched the phone and called the cops who happened to be right outside the club. I feel like maybe they could have charged me with disorderly conduct or something less than a misdemeanor. PI is a class B misdemeanor in INDIANA.

[VeronicaLodge]

when you stepped out of the club, you were in "public" so the question is, were you intoxicated? then yes you can be charged with PI

[slwx]

ron white --

"Hey, hey, hey, hey, hey, hey! I was drunk in a bar. They threw me into pub-lic. I don't want to be drunk in pub-lic, I want to be drunk in a bar, which is perfectly legal... arrest them!"

sorry guys -- couldn't resist

[HomeGuru]

[quote=hunk_quark;2390771]What is the name of your state (only U.S. law)? INDIANA
Dear Sir,
I am a Graduate International Student in Engineering at a Large University in Indiana close to my PhD graduation and looking for a job. I have good grades (GPA 3.5+)



**A: I fail to see the relationship between being an engineering student and getting good grades to drinking and arguing. In fact, it appears you are not smart enough to avoid conflict.

[HighwayMan]

It was silly to escalate the situation by taking the bouncers picture. Like you didn't think that would piss him off?

There was no need for that. If you wanted to complain to the manager, then you should have come back the next day and spoken to someone. There could only be so many bouncers working there and I'm sure they knew who was working at that time.

As mentioned previously, cover charge or not, it's private property and you can be asked to leave at any time. Maybe you were acting rowdier than you thought because you were drunk, or maybe it was a case of mistaken identity. Regardless, it got you into some hot water which you now have to deal with.