Home     Law Advice     Insurance Advice     Community    
Go Back   FreeAdvice Legal Forum > CRIMINAL LAW & PROCEDURE > Drunk Driving / DUI / DWI

Powered by Attorney Pages


  Find An Attorney In Your Area    
 

Reply
 
LinkBack Thread Tools Rate Thread Display Modes
  #1  
Old 10-23-2008, 11:33 PM
Junior Member
 
Join Date: Oct 2008
Posts: 5
Exclamation

Disorderly Intoxication, FL


I was at my friends birthday party at a bar, and had a few drinks. I'm 18,but the legal drinking age here is 21. Before I knew it, I'd had quite a few drinks and everyone I'd known had left. I'm a very friendly person, so I made a few friends. At this point I'm completely wasted and don't remember much of what happened. All I know is that, these two guys kept buying me drinks and then when the bar closed I foolishly gave a COMPLETE stranger my car keys and asked a guy to drive me home.

When I realized how completely stupid that was, I made him stop at a convenience store so I could use the phone and the restroom.

The guy that drove me followed me into the bathroom and tried to rape me. He would not let me go. I actually have several bruises on my arms from him restraining me and a cut on my lip from where he hit me. I shove him down and go out and asked an employee to call the police. She did, and while I was waiting, I hid behind the counter where the employees work. I was scared. When 5 big cops arrived, all male, they yelled at me to go outside where the guy that assaulted me was standing. I refused, I was terrified and wanted to be nowhere near him. 5 big manly cops dragged me outside by my hair (all on video tape.) Im a very small girl, Im 5'4 and weigh a little over 110 pounds, they easily could have carried me or asked me to go out the back door. I was then dragged out on the sidewalk and gravel and handcuffed and literally thrown in the back of a cop car.

At this point I was irate, screaming profanities, and kicking. I even tried to kick out the window. I was drunk and upset and hysterical. But I was less than a mile from my home and less than half a mile from my mothers house, I literally could have walked home and the cops refused to drive me there, they wanted me in jail.

I called the cops for protection and ended up in jail.
The boy that assaulted me was sober and was handcuffed then let go, not arrested.
I've never had so much as a traffic ticket, I've worked full time since I was 16 when I moved out on my own and started college when I was 17. I'm a year and a half into my degree as a firefighter and if this doesn't come off my record I will literally never get hired onto fire rescue.

So what do I do? Plead guilty? I was drunk, but I was harassed and had every reason to be hysterical. Or plead not guilty and argue it? I have pictures of not only the bruises the 28 year old boy left on me, but bruises and scrapes and cuts from the officers.

I need some advice.
  #2  
Old 10-23-2008, 11:43 PM
Member
 
Join Date: Jul 2008
Posts: 104
This story is frightening and sad.

Yes, you are guilty and due to excess drinking had become a danger to yourself. Unfortunately, it seems that this man will not be charged for attacking you. I hope this is a sobering lesson.

IMHO, it is always best to plead not guilty and have your say. I am not sure what the charge brings in FL, but in most places it is time served (with the night spent in jail). They had to take you to jail, it would have been irresponsible of them not too (look at the dangerous situation you put yourself into). If you get an attorney he will probably be able to work out a deal with the prosecutor. If you are concerned about it being on record then get an attorney, doing so shows the court that you take this seriously.

Last edited by lenny71; 10-23-2008 at 11:52 PM.
  #3  
Old 10-24-2008, 10:55 AM
Senior Member
 
Join Date: Dec 2005
Location: Ohio
Posts: 31,742
Quote:
Originally Posted by ameliax0x View Post
I was at my friends birthday party at a bar, and had a few drinks. I'm 18,but the legal drinking age here is 21. Before I knew it, I'd had quite a few drinks and everyone I'd known had left. I'm a very friendly person, so I made a few friends. At this point I'm completely wasted and don't remember much of what happened. All I know is that, these two guys kept buying me drinks and then when the bar closed I foolishly gave a COMPLETE stranger my car keys and asked a guy to drive me home.

When I realized how completely stupid that was, I made him stop at a convenience store so I could use the phone and the restroom.

The guy that drove me followed me into the bathroom and tried to rape me. He would not let me go. I actually have several bruises on my arms from him restraining me and a cut on my lip from where he hit me. I shove him down and go out and asked an employee to call the police. She did, and while I was waiting, I hid behind the counter where the employees work. I was scared. When 5 big cops arrived, all male, they yelled at me to go outside where the guy that assaulted me was standing. I refused, I was terrified and wanted to be nowhere near him. 5 big manly cops dragged me outside by my hair (all on video tape.) Im a very small girl, Im 5'4 and weigh a little over 110 pounds, they easily could have carried me or asked me to go out the back door. I was then dragged out on the sidewalk and gravel and handcuffed and literally thrown in the back of a cop car.

At this point I was irate, screaming profanities, and kicking. I even tried to kick out the window. I was drunk and upset and hysterical. But I was less than a mile from my home and less than half a mile from my mothers house, I literally could have walked home and the cops refused to drive me there, they wanted me in jail.

I called the cops for protection and ended up in jail.
The boy that assaulted me was sober and was handcuffed then let go, not arrested.
I've never had so much as a traffic ticket, I've worked full time since I was 16 when I moved out on my own and started college when I was 17. I'm a year and a half into my degree as a firefighter and if this doesn't come off my record I will literally never get hired onto fire rescue.

So what do I do? Plead guilty? I was drunk, but I was harassed and had every reason to be hysterical. Or plead not guilty and argue it? I have pictures of not only the bruises the 28 year old boy left on me, but bruises and scrapes and cuts from the officers.

I need some advice.
What were you charged with? You quite seriously could have been charged with resisting arrest, obstruction of official business/justice, public intox, minor in consumption, possible minor in possession, disorderly conduct. How do you know what the video shows? Where is the bathroom located in the gas station? Are you positive of what you remember?
__________________
Parents should remember three things: Love your kids more than you hate your ex (or soon to be ex) & when you have children the relationship with the other parent is until death parts you & how you treat your children determines what type of nursing home you end up in.


Nothing stated by me should be taken as giving you legal advice or forming an attorney/client relationship. The devil is in the details after all.

Licensed to practice law in Ohio and a Guardian Ad Litem for children
  #4  
Old 10-24-2008, 11:27 AM
Senior Member
 
Join Date: Jan 2005
Location: North Florida
Posts: 1,625

This story


..... is missing too much information. Sexual assault is nothing to be taken lightly. Why though you would be scared with 5 big cops there to protect you, why they had to remove you with force, why you were arrested, why the assault perp' was released.....

Too much missing here.
__________________
"I only had a couple of drinks..... there's no way I was impaired!."
  #5  
Old 10-24-2008, 03:44 PM
Junior Member
 
Join Date: Oct 2008
Posts: 5
Quote:
Originally Posted by Ohiogal View Post
What were you charged with? You quite seriously could have been charged with resisting arrest, obstruction of official business/justice, public intox, minor in consumption, possible minor in possession, disorderly conduct. How do you know what the video shows? Where is the bathroom located in the gas station? Are you positive of what you remember?
Disorderly intoxication and public disturbance.
I realize what I could have been charged with, and I'm quite thankful that I wasn't charged to the full extent.

I went back to the conveinance store the next day and talked to the lady that was working. The police had asked for a copy of the tape and she burnt it for them. The tape shows me walking into the bathroom, being followed in and a few minutes later coming out hysterical. Then it shows me talking to the lady working, her dialing a number and me laying behind the counter until the police arrived. Then it shows 5 cops dragging me out.
  #6  
Old 10-24-2008, 03:47 PM
Junior Member
 
Join Date: Oct 2008
Posts: 5
Quote:
Originally Posted by BigMistakeFl View Post
..... is missing too much information. Sexual assault is nothing to be taken lightly. Why though you would be scared with 5 big cops there to protect you, why they had to remove you with force, why you were arrested, why the assault perp' was released.....

Too much missing here.
I was scared because I knew I was drunk and was about to get into trouble and because the guy that attacked me was right outside the store. I was scared when the cops got there because they wanted me to go outside and talk to the guy. Well I didnt want to talk to the guy, I didnt even want to look at him. I asked to be taken out the back door, or to be questioned after the guy was arrested or gone. They said no I needed to go outside right now. I refused. So they dragged me out.
  #7  
Old 10-26-2008, 12:02 AM
Member
 
Join Date: Oct 2008
Posts: 47
i would call the local news and have them investigate this immediately...that is if ur story is accurate. i would not let an attempted rapeist get away period. now u must be 100% sure that ur story is accurate and that the alcohol did not cause u to forget or change something that happened.. also talk to a lawyer ...contact city council and make a complaint to the internal affairs department at the police station precinct.. these guys would not take police offiers pulling u out by ur hair lightly at all. if this stoy is true u need to raise hell straight up
  #8  
Old 10-26-2008, 12:06 AM
Member
 
Join Date: Oct 2008
Posts: 47
by the way if ur 18 then u dont need to be at a bar... lesson learned and dont ever do nething that stupid again as far as getting in the car with a complete stranger..in this day and age a small girl like urself should not be out at night alone . expesically not around alcohol or drugs or people that have be using.
  #9  
Old 10-26-2008, 01:54 AM
Member
 
Join Date: May 2008
Location: Montana
Posts: 431
Quote:
i would call the local news and have them investigate this immediately...that is if ur story is accurate.
This is the dumbest idea ever. For one, since when did the news take over criminal investigations? Second, why would the "victim" here make her own extremely inappropriate behavior public? And third, heaven for bid the alleged assault actually happened, based on OP's admission, "At this point I'm completely wasted and don't remember much of what happened" her credibility may not be the greatest.
  #10  
Old 10-26-2008, 08:57 PM
Member
 
Join Date: Oct 2008
Posts: 67
What I want to know is why the bar was serving drinks to an underage drinker. Were you friends with the bartender or something?

They can get in HUGE trouble for that, like, having their bar closed trouble.

Additionally though, that is a horrible story and I'm sorry to hear about your misfortune. I can't offer you any very good legal advice, but you should definitely try and press charges against the man who assaulted you

Last edited by Ian_Y; 10-26-2008 at 09:06 PM.
  #11  
Old 10-27-2008, 01:17 AM
Junior Member
 
Join Date: Oct 2008
Posts: 5
Quote:
Originally Posted by Ian_Y View Post
What I want to know is why the bar was serving drinks to an underage drinker. Were you friends with the bartender or something?

They can get in HUGE trouble for that, like, having their bar closed trouble.

Additionally though, that is a horrible story and I'm sorry to hear about your misfortune. I can't offer you any very good legal advice, but you should definitely try and press charges against the man who assaulted you
It was my boss' birthday party, and I guess because I was with a group of older people, they assumed I was old enough. I did not know the bartender or our waiter, but I was never carded.

And I realize how every decision I made that night was entirely idiotic and stupid. Trust me I learned my lesson.

I know things could have been much worse, I'll think twice before having a drink, that's for sure.
  #12  
Old 10-27-2008, 01:22 AM
Junior Member
 
Join Date: Oct 2008
Posts: 5
Quote:
Originally Posted by wyett717 View Post
This is the dumbest idea ever. For one, since when did the news take over criminal investigations? Second, why would the "victim" here make her own extremely inappropriate behavior public? And third, heaven for bid the alleged assault actually happened, based on OP's admission, "At this point I'm completely wasted and don't remember much of what happened" her credibility may not be the greatest.
I don't remember anything from 12:30am til 2:00 when the bar closed and I gave the guy my keys.

Trust me, you remember being attacked. I have bruises, cuts and scrapes to prove it. And there's a bit of videotape that helps.
And yes, you're right, I would rather this not go public. It was absurd and pathetic. I cant believe the way I behaved.
I'm also not looking to sue or cause trouble, I'm just looking to see if theres a way to get this off my record.
Reply



Currently Active Users Viewing This Thread: 1 (0 members and 1 guests)
 
Thread Tools
Display Modes Rate This Thread
Rate This Thread:

Posting Rules
You may not post new threads
You may not post replies
You may not post attachments
You may not edit your posts

BB code is On
Smilies are On
[IMG] code is Off
HTML code is Off
Trackbacks are On
Pingbacks are On
Refbacks are On
Forum Jump

All times are GMT -5. The time now is 04:50 PM.



IMPORTANT NOTICE
THE VIEWS EXPRESSED ON THIS PAGE WERE NOT REVIEWED BY THE EDITORIAL STAFF OR ATTORNEYS AT FREEADVICE.COM. Thousands of professionally prepared and reviewed questions and answers in 130 legal categories are to be found at the Question and Answer pages at FreeAdvice.com.

F
reeAdvice Forums are intended to enable consumers to benefit from the experience of other consumers who have faced similar legal issues. FreeAdvice does NOT vouch for or warrant the accuracy, completeness or usefulness of any posting or the qualifications of any person responding. Use of the Forums is subject to our Terms and Conditions which prohibit advertisements, solicitations or other commercial messages, or false, defamatory, abusive, vulgar, or harassing messages, and subject violators to a fee for each improper posting. All postings reflect the views of the author but become the property of FreeAdvice. Information on FreeAdvice or a Forum should not be relied upon and is not a substitute for advice from an attorney licensed in your jurisdiction who you have retained to represent you. To locate an attorney visit AttorneyPages.com. Copyright since 1995 by Advice Company. All Rights Reserved.