• FreeAdvice has a new Terms of Service and Privacy Policy, effective May 25, 2018.
    By continuing to use this site, you are consenting to our Terms of Service and use of cookies.

Saving grad school plans with underage intox, tresspassing, & misrep. of age charges.

Accident - Bankruptcy - Criminal Law / DUI - Business - Consumer - Employment - Family - Immigration - Real Estate - Tax - Traffic - Wills   Please click a topic or scroll down for more.

benc123

Junior Member
Saving grad school plans with underage intox, tresspassing, & misrep. of age charges.

Hi there, Friday night I entered a bar in Ohio, and showed the door man a legal 9th amendment ID, which had all the correct information on it, with the exception of my birthdate. He confiscated it and told me to leave and come back tomorrow to get it; I told him that it was a legal first amendment ID and he had no right to keep it, so he pulled it back out of his pocket, at which point I grabbed it from his hands (not touching him), and attempted to leave. He grabbed me, shoved me over the counter (in doing so knocking over a microwave), and then pushed me to the floor. I slipped the ID into the back pocket of my friend who was standing behind me before being pushed to the floor by the bar owner. I did resist their hold on me, but was fully corporative with the police when they arrived (the officer even gave me a ride back to the dorm after and thanked me for being so cooperative). The police arrived and charged me with having “refuse to leave ___ bar after being told to do so” (aka trespassing), being “under the influence at ____ bar” (meaning public intoxication I guess), and having “did present the identification card of another as himself at ____ bar”. When we got to the police station, I did not admit to anything, saying only that I showed “my ID” and was held there. When asked what ID I used, I told the officer I wanted to consult my attorney. They found an ID on the floor of the bar and said I tried to use it to gain entrance, however that isn’t my ID and so it wouldn’t have my fingerprints on it. They never breathalyzed me or had me take any sobriety tests, but he said he charged me with underage intoxication because I “reeked of alcohol” (when they shoved me out the door on the way to the patrol car a beer was spilled on me by a patron), and had “bloodshot eyes and slurred speech” (I was tired?). Additionally can the trespassing charge apply, as I was physically prevented from leaving before the police were even called? If it is probable that the trespassing charge would stick, should I try to talk to the bar owner and work something out with him? Or is it even up to him? Plus, he and his employee were unjustly aggressive, I’m still sore from being shoved around and being put in his chokehold, and the whole incident was on their security cameras, so if I had to talk to him, could that give me some leverage? I’m 20 and have no money of my own, and my parents are so angry at me they told me to either get a public defender or sell my car to get money, so I’m not going to have first class representation. I’m kind of freaking out because I’m pre-dentistry and this CANNOT be on my record if I want to get into dental school. Sorry this is so long; I just wanted to make sure the whole story was out there. Thanks so much for any advice/ predictions.
 
Last edited:


cbg

I'm a Northern Girl
Amazing. Just amazing.

Are you seriously expecting someone on a LEGAL board to tell you that it's okay to lie?

If you CANNOT have this on your record, then you never should have attempted misrepresentation of your age when you are underage to drink, in the first place.
 

Zigner

Senior Member, Non-Attorney
What the heck is a "1st Amendment ID"?

In any case - I think you should make other plans...
 

Antigone*

Senior Member
This little bleep deserves to have this on his record. The Ohio justice system is going to have a field day with this idjit.

"I was tired":rolleyes: "1st amdendment ID":rolleyes:

Mom and dad are right to tell this arrogant little thinks-he's-a-man to sell his stuff and get his own representation.

Dude, the crystal ball sees janitor school in your future:cool:
 

cbg

I'm a Northern Girl
Bottom line, if sonny boy here is expecting us to give him the ammunition to pull his chestnuts out of the fire, he's come to the wrong place. I've rarely seen such good evidence of a post-adolescent sense of entitlement; hopefully he'll get it knocked of him sooner rather than later. Either that, or daddy will take him out behind the barn.
 

benc123

Junior Member
Sorry, I didnt mean to come off poorly or sound ignorant of the legal system, I'm just trying to figure out what to do and what’s going to happen. I was mistaken, actually its a 9th amendment ID, just meaning that it is legal since it states on it that it is a non-government ID (although maybe the fact that my birthdate on it is wrong would make it illegal). Would the fact that they have the wrong ID make automatically get that charge dismissed, and the fact that they didn’t breathalyze me or perform sobriety tests get that charge dismissed? I'm most concerned about the trespassing charge because thats not going to look good on any record, and the only reason out of that one I can think of is that I did not choose to trespass; I was forced to since I was restrained from leaving the premises.
 

Antigone*

Senior Member
Sorry, I didnt mean to come off poorly or sound ignorant of the legal system, I'm just trying to figure out what to do and what’s going to happen. I was mistaken, actually its a 9th amendment ID, just meaning that it is legal since it states on it that it is a non-government ID (although maybe the fact that my birthdate on it is wrong would make it illegal). Would the fact that they have the wrong ID make automatically get that charge dismissed, and the fact that they didn’t breathalyze me or perform sobriety tests get that charge dismissed? I'm most concerned about the trespassing charge because thats not going to look good on any record, and the only reason out of that one I can think of is that I did not choose to trespass; I was forced to since I was restrained from leaving the premises.
Dude, no freakin way. Okay. Now, go get your mop ready:cool:
 

tranquility

Senior Member
"9th amendment ID" is of the same ilk of those who deny we need to pay income tax or any of a number of things some protesters feel the government cannot do.

The OP made a false representation. There will not be any charge of using a false governmental ID, the issue is a false representation. Also, he will also be charged for whatever the obstruction of justice charge is in the state. There might be two charges. The first for taking the ID out of the hands and the second for the resisting the hold on him.

Also, there is the underage intoxication. The OP is clearly deceived on what people can tell about another without scientific tests. The state does not need to prove there was a specific amount of alcohol in the system, but that there was any. Tired from studying too late is not the blurry-eyed alcohol smelling fuzzyness of a person who has been drinking. *I* can testify if someone has been drinking, a cop would be far better.

The OP needs the attorney to try and make a deal. He is not getting out of this. His constitutional claims will fail. His hard studying excuse for symptoms will fail. He will be found guilty of at least two charges. He needs to deal with that reality.

A good attorney may make a deal which will be the least destructive to his plans. Heck, any attorney may do that, but a good attorney has a better chance. I'd sell the car for a good one as there is nothing about the story which even seems an issue for the courts to decide.

Info edit:
The trespassing is a bit of a reach, but, with a full knowledge of the facts, it may be appropriate too. The point is that crimes happened. Period.
 
Last edited:

benc123

Junior Member
Thanks Tranquility; I spoke with my mom's lawyer for her practice, and although he usually dosent handle cases such as these, he advised me to hold off on selling the car as it would probably take too long to find a buyer anyway, and see if I'm satisified with the resolution that the PD comes up with- if not I could get a paid attorney then, probably getting an advance from my parents or somthing of that nature, or if all else fails putting it on a credit card. Thanks again for your help
 

Find the Right Lawyer for Your Legal Issue!

Fast, Free, and Confidential
data-ad-format="auto">
Top