What is the name of your state? Mississippi.
OK... So my friend and I each consumed about 3 beers, then a few hours later we decided to get some food in us so I drove to IHOP. On our return trip on a lonely road, I decided to see how well my new set of 15" rims & tires would handle a curve compared to my previous, larger 17" rims (I got rid of the larger rims because my Corolla doesn't have enough torque to push those 17s, but it sure never slipped with those 17s on, no matter how slick the roads or how much lead in my foot).
Anyway, the 15s didn't perform as well as I expected, so I ended up in a ditch. I would have called the insurance company to get a tow truck out there, but my phone was at someone else's house, and my buddy's phone was dead. Our only option was to walk the remaining 2 miles or so. We split up at a fence, where he jumped and I went around as I was in no hurry to get home.
Anyway, I was one friggin' block away from my house and an officer flashes his lights behind me, asking for some ID and info about why I'm walking on the road with a leftover omelet. I comply, telling him everything... then he asks me to hop in, saying he'll help me out. It sounded like a great idea at first, but when we got back to my car where another officer was staring at my car, the former officer cuffed me and told me I was being arrested for public intoxication & being given a ticket for reckless driving.
I can't deny the reckless driving bit; I've got a ton of speeding tickets. However, I wasn't drunk. I asked the officer to give me a breathalyzer or some kinda sobriety test, but he said he didn't need it for public intoxication... all he needed was a smell (and come to find out, another person around us, which is prolly why he took me near the other officer... he also prolly wanted to get my keys to give to the tow truck guy).
Anyway, I've never heard of such laws. I can drive with 0.08% BAC, but I can't even walk with 0.01% BAC... I can't even walk somewhere if somebody spills an alcoholic beverage on my clothing?!?!?!?
I hope there's something I can do to get out of this. Trial by jury perhaps? Can I even get a jury for a case like this??
Anyway, I was forced to spend a night in jail because the County's computers weren't working, so I couldn't get bonded out until 7pm later that day... which tacked on additional $50 for my towing storage fee.
It just seems ludicrous that I could have stayed in my car, waited for a cop, been forced to give a sobriety test and only got the reckless driving without having my car towed. Or I could have hopped the fence with my friend and made it home without ever coming in contact with "the man". But walking by myself with an omelet in hand and a hint of alcohol from the night before calls for public intoxication?!? ... even tho I begged to be given a sobriety test?!?!?!?
Please help me! And thanks in advance for it!
EDIT: I wasn't read my Miranda Rights, but from what I've seen on this site, they only need to do that for questioning.
OK... So my friend and I each consumed about 3 beers, then a few hours later we decided to get some food in us so I drove to IHOP. On our return trip on a lonely road, I decided to see how well my new set of 15" rims & tires would handle a curve compared to my previous, larger 17" rims (I got rid of the larger rims because my Corolla doesn't have enough torque to push those 17s, but it sure never slipped with those 17s on, no matter how slick the roads or how much lead in my foot).
Anyway, the 15s didn't perform as well as I expected, so I ended up in a ditch. I would have called the insurance company to get a tow truck out there, but my phone was at someone else's house, and my buddy's phone was dead. Our only option was to walk the remaining 2 miles or so. We split up at a fence, where he jumped and I went around as I was in no hurry to get home.
Anyway, I was one friggin' block away from my house and an officer flashes his lights behind me, asking for some ID and info about why I'm walking on the road with a leftover omelet. I comply, telling him everything... then he asks me to hop in, saying he'll help me out. It sounded like a great idea at first, but when we got back to my car where another officer was staring at my car, the former officer cuffed me and told me I was being arrested for public intoxication & being given a ticket for reckless driving.
I can't deny the reckless driving bit; I've got a ton of speeding tickets. However, I wasn't drunk. I asked the officer to give me a breathalyzer or some kinda sobriety test, but he said he didn't need it for public intoxication... all he needed was a smell (and come to find out, another person around us, which is prolly why he took me near the other officer... he also prolly wanted to get my keys to give to the tow truck guy).
Anyway, I've never heard of such laws. I can drive with 0.08% BAC, but I can't even walk with 0.01% BAC... I can't even walk somewhere if somebody spills an alcoholic beverage on my clothing?!?!?!?
I hope there's something I can do to get out of this. Trial by jury perhaps? Can I even get a jury for a case like this??
Anyway, I was forced to spend a night in jail because the County's computers weren't working, so I couldn't get bonded out until 7pm later that day... which tacked on additional $50 for my towing storage fee.
It just seems ludicrous that I could have stayed in my car, waited for a cop, been forced to give a sobriety test and only got the reckless driving without having my car towed. Or I could have hopped the fence with my friend and made it home without ever coming in contact with "the man". But walking by myself with an omelet in hand and a hint of alcohol from the night before calls for public intoxication?!? ... even tho I begged to be given a sobriety test?!?!?!?
Please help me! And thanks in advance for it!
EDIT: I wasn't read my Miranda Rights, but from what I've seen on this site, they only need to do that for questioning.
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