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obstruction of a peace officer

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troubledwater

Guest
What is the name of your state?

Alberta, Canada


I was drunk a couple nights ago and picked up by the police to go to the drunk tank. For some reason in my drunken stupor I refused to give them my ID. so they eventually did a search on me, found my wallet and were able to ID me. now they are charging me with obstruction of a peace officer for refusing to identify myself.

i have no previous charges or anything and it was totally out of character as I was completely drunk and don't really remember much of it. i have a court date set for about a month from now. i'm wondering what the possible outcome could be, and what my best defence or plea strategy should be. i don't really have enough money for a lawyer, but if the punishment will be harsh enough I will find a way of getting some money for a lawyer.

thanks.
 


T

troubledwater

Guest
by the way, i wasn't driving, i was on the street and picked up because i was urinating in the street. but that isn't really the point, the point is i'm being charged with obstruction of a peace officer. thanks.
 

CdwJava

Senior Member
Unfortunately, this board is for questions regarding US law only (as posted at the top of the page). And there are not any regular posters that I am aware of that are versed in Canadian law and procedure.

Down here, your inebriation might be sufficient to mitigate the intent required to knowingly refuse to ID yourself ... depending on the state. In Canada - who knows? And if you sat there and just kept telling them to pound sand as they asked you for your name or ID, then the charge might stick anyway.

Carl
 
T

troubledwater

Guest
thanks for the reply. i realize this is US only but i figure someone might know something about canadian law on here.

i didn't know where else to look. i can't find any other forums.

i didn't really tell them to pound sand or anything. i kinda just ignored there questions. the law as i read it states anyone wilfully obstructing a peace officers duty can be charged with obstruction.

i was wondering if perhaps the fact i was extremely inebriated could mean that my actions weren't 'wilfull'
 

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