public intoxication/disorderly conduct?????

[mkathyf]

What is the name of your state (only U.S. law)? Ohio
OK. University Heights (Cleveland) is ridiculously out of control!!!

End of finals week (college). My son was out with his friends. Yes, he had a few beers, but had not had a beer for about 1- 1 1/2 hours. His friends wanted to stay at the clubs, but my son was tired and wanted to go home.
It was a nice evening, so he decided to walk; which he likes to do...he always takes long walks.
He didn't call a cab, because students usually have to call about an hour in advance.
Anyway, the walk is about 30-45 minutes. He was nearly home....walking on the sidewalk, when a police officer stopped.
He told my son that it "appeared that he was stumbling" (ok...it's dark out, sidewalks are uneven...whatever)
My son told him that he wasn't drunk, "sir. I am just trying to go home. I wanted to walk".
The officer said, "well. I will give you the choice. I can either take you to jail or I can give you a ticket and take you home". Of course my son took the ticket and got a ride home.

This is absurd! University Heights police are notorious for targeting the college kids. This is a very well respected university and my son and his friends are some of the most respectful boys I know. (heck, they even take their parents on spring break with them!)
However, the college kids represent $$$$ to the city.
It is the end of the semester, so they are (in my opinion) on a fast track to collect as much cash as they can before the students leave. Also, they probably figure that most won't want to return to fight a ticket and so will just pay the fine. But I intend to fight it,

Any advice will be much appreciated

 

[Antigone*]

What is the name of your state (only U.S. law)? Ohio
OK. University Heights (Cleveland) is ridiculously out of control!!!

End of finals week (college). My son was out with his friends. Yes, he had a few beers, but had not had a beer for about 1- 1 1/2 hours. His friends wanted to stay at the clubs, but my son was tired and wanted to go home.
It was a nice evening, so he decided to walk; which he likes to do...he always takes long walks.
He didn't call a cab, because students usually have to call about an hour in advance.
Anyway, the walk is about 30-45 minutes. He was nearly home....walking on the sidewalk, when a police officer stopped.
He told my son that it "appeared that he was stumbling" (ok...it's dark out, sidewalks are uneven...whatever)
My son told him that he wasn't drunk, "sir. I am just trying to go home. I wanted to walk".
The officer said, "well. I will give you the choice. I can either take you to jail or I can give you a ticket and take you home". Of course my son took the ticket and got a ride home.

This is absurd! University Heights police are notorious for targeting the college kids. This is a very well respected university and my son and his friends are some of the most respectful boys I know. (heck, they even take their parents on spring break with them!)
However, the college kids represent $$$$ to the city.
It is the end of the semester, so they are (in my opinion) on a fast track to collect as much cash as they can before the students leave. Also, they probably figure that most won't want to return to fight a ticket and so will just pay the fine. But I intend to fight it,

Any advice will be much appreciated

How old is your son?

 

[mkathyf]

My son is 22 years of age.
They did not give a breathalyzer and did not perform any type of sobriety check.
all the officer did was check his pockets. Then give him the choice between jail or a ticket.

 

[Antigone*]

My son is 22 years of age.
They did not give a breathalyzer and did not perform any type of sobriety check.
all the officer did was check his pockets. Then give him the choice between jail or a ticket.

Unless you are an attorney, you won't be able to fight anything. You were not there and you don't know the level of your son's intoxication.

It would be impossible for YOU to win battle in this fight.

 

[mkathyf]

How can that be? The officer didn't even ask my son if he had been drinking!
All he said was that he "appeared to be stubbling".

It's wrong! Are you telling me that if I decide to take a walk, at night, and it "appears" as though I stumbled, then I can be given a ticket for disorderly conduct? Even if I had not been drinking? Just because the police officer "thought" that maybe I had been?

Where are our rights?

 

[Silverplum]

How can that be? The officer didn't even ask my son if he had been drinking!
All he said was that he "appeared to be stubbling".

It's wrong! Are you telling me that if I decide to take a walk, at night, and it "appears" as though I stumbled, then I can be given a ticket for disorderly conduct? Even if I had not been drinking? Just because the police officer "thought" that maybe I had been?

Where are our rights?

I believe the point was that your son is an adult and ought to be handling his own legal problems, not handing them off to his Mom.

There is no "WE" or "OUR" in this particular situation, legally. He's on his own.

 

[xylene]

If you must help...

The best thing you can do is get your son a lawyer.

It is not an injustice. Police are trained to recognize intoxication - they did not need to do any 'tests'.

 

[Antigone*]

How can that be? The officer didn't even ask my son if he had been drinking!
All he said was that he "appeared to be stubbling".

It's wrong! Are you telling me that if I decide to take a walk, at night, and it "appears" as though I stumbled, then I can be given a ticket for disorderly conduct? Even if I had not been drinking? Just because the police officer "thought" that maybe I had been?

Where are our rights?

You weren't there. Did you see your son, not stumbling???

 

[mkathyf]

I understand that. And he will handle this, himself. I will offer whatever advice and guidance that I can. He is not handing it off to me. I asked for the information and I thought I would seek advice on this forum.

But, it still raises the question.....is it illegal to be walking on a sidewalk at night?

He was NOT drunk. He was minding his own business and just walking....alone. Not disturbing anyone...but the ordinance he violated was "disorderly conduct.

Again...they did not even ask him if he had been drinking. They gave no breathalyzer or sobriety test....because they KNEW he would pass, because he wasn't drunk.
Shouldn't the burden of proof be on them? My son said he is going to plead not guilty...because he is not guilty. What proof do they have that he was drunk? Or, has it gotten to the point where officers can say whatever they want, or make-up probable cause, in order to justify their actions (right or wrong, true or false) with no responsibility?

That's why I posed the question with me as an example. If I had been walking along the sidewalk...not drunk, just walking, and an officer stopped me because it "appeared" I had stumbled.....should I receive a ticket?

 

[Silverplum]

I understand that. And he will handle this, himself. I will offer whatever advice and guidance that I can. He is not handing it off to me. I asked for the information and I thought I would seek advice on this forum.

But, it still raises the question.....is it illegal to be walking on a sidewalk at night?

He was NOT drunk. He was minding his own business and just walking....alone. Not disturbing anyone...but the ordinance he violated was "disorderly conduct.

Again...they did not even ask him if he had been drinking. They gave no breathalyzer or sobriety test....because they KNEW he would pass, because he wasn't drunk.
Shouldn't the burden of proof be on them? My son said he is going to plead not guilty...because he is not guilty. What proof do they have that he was drunk? Or, has it gotten to the point where officers can say whatever they want, or make-up probable cause, in order to justify their actions (right or wrong, true or false) with no responsibility?

That's why I posed the question with me as an example. If I had been walking along the sidewalk...not drunk, just walking, and an officer stopped me because it "appeared" I had stumbled.....should I receive a ticket?

You weren't there. You don't KNOW any facts, only the things your son has told you. Now we only know what you are telling us.

The person/s with the facts are those who were on the scene.

 

[mkathyf]

OK. I understand.
For the sake of argument, lets just pretend that this is my son talking.

I was not drunk. I had a few beers earlier in the evening.
By the time the officer stopped me, I had already walked about 3-4 miles.
I was not stumbling, although the sidewalks were not always even, therefore sometimes I would trip (since it was dark).

The ordinance I supposedly violated was 648.04b2 : "creating a condition which presents a risk of physical harm to myself."
I had already walked several miles. If I was drunk to the point of creating a physical risk to myself, I think it may have happened by then.
the only thing I am guilty of is being tired, not wanting to stay at the night club, and walking home. That's it.

 

[xylene]

Get son a lawyer.

Stop pleading injustice.

Your son was drinking.

The defense may be that he was not intoxicated to the standard of the law.

This is what lawyers are for.

Lighten up.

 

[Antigone*]

OK. I understand.
For the sake of argument, lets just pretend that this is my son talking.

I was not drunk. I had a few beers earlier in the evening.
By the time the officer stopped me, I had already walked about 3-4 miles.
I was not stumbling, although the sidewalks were not always even, therefore sometimes I would trip (since it was dark).

The ordinance I supposedly violated was 648.04b2 : "creating a condition which presents a risk of physical harm to myself."
I had already walked several miles. If I was drunk to the point of creating a physical risk to myself, I think it may have happened by then.
the only thing I am guilty of is being tired, not wanting to stay at the night club, and walking home. That's it.

So put your big boy cajones on, stop having your mommy fight your battles, and fight the ticket.