Arrested for PI, but wasn't breathalyzed...

Here's the story...

Friday night, I went out drinking with some friends. When the bars closed at 2 a.m., I walked back to the location where I parked my car. It wasn't there.

I wandered around for several hours looking for my car, but couldn't locate it. I went to a local diner and asked them to call the local towing company for me, thinking it was towed. The place didn't have my car in their lot.

So, I went back to where I parked it and it wasn't there. So and so forth, I went to a bagel shop when it opened (6 a.m. now) and asked to use their phone. I called the cops, trying to report my car being stolen. They said they couldn't help me, but could send someone out to give a hand. I told them ok, but it would take the person 45 mins. I left the shop.

It was now 7 a.m. (five hours after I began drinking) and I walked over to a grocery store. I saw a security guard, who was also a state police officer, and asked for assistance. He told me he'd call the local PD and 25 mins later, the local cop came out.

He asked if everything was all right, I told him yes. He asked if I had been drinking tonight, I told him I stopped at 2 a.m. I told him about my car and that I just wanted to find it so I could go to sleep in a location I know, wake up and then go to work. He stood me up, placed cuffs on my wrists (DID NOT READ ME MY RIGHTS) and put me in the car. I was taken into the county jail at 8 a.m. and then released at 6 p.m. with a court date on Wednesday for public intoxication.

There's the back story. Here's my question...

Supposing the officer does show up to court that day, do I have a chance to get off of this charge? I know it's a Class C misdemeanor, but I don't want it on my record. He didn't read me my rights and never breathalyzed me. Plus, when I was taken into his custody, it was 7:30 a.m., 5 1/2 hours after the bars closed.

What recourse do I have here? Are these all viable arguments to try to get off without a fine?

You do not need to be read your rights unless they're going to question you while you are in custody. The cop not showing up isn't an automatic dismissal, the case may be continued. A breathalizer isn't a requirement for public intoxication.

Did you ever find your car?

I did find my car after I was released from holding (10 hours later). I was two streets up from where I parked the previous night with the front left tired slashed.

While the officer said my eyes were glazed and I smelled like alcohol, I could have been tired from wandering around for five hours looking for my car, as well as my friend that night poured a little of our bottle on me, which did suck.

Plus, they need to prove without a reasonable doubt that I was intoxicated.

xcrunner4623 said:

I did find my car after I was released from holding (10 hours later). I was two streets up from where I parked the previous night with the front left tired slashed.

While the officer said my eyes were glazed and I smelled like alcohol, I could have been tired from wandering around for five hours looking for my car, as well as my friend that night poured a little of our bottle on me, which did suck.

Plus, they need to prove without a reasonable doubt that I was intoxicated.

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You can raise whatever argument you wish in order to try and raise reasonable doubt. However, the officer's observations of what he will argue were the objective signs of alcohol intoxication coupled with your inability to recall where you parked your car might well be sufficient to overcome any reasonable doubt.

Consult local counsel.

- Carl

CdwJava said:

You can raise whatever argument you wish in order to try and raise reasonable doubt. However, the officer's observations of what he will argue were the objective signs of alcohol intoxication coupled with your inability to recall where you parked your car might well be sufficient to overcome any reasonable doubt.

Consult local counsel.

- Carl

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Carl,

I see your point. I can easily bring my friend with me, who knows where I always park to corroborate the story with me. My whole thing is, if he sees the "objective signs," that's great and all, but a person who is tired will have glassed over eyes and delayed reactions. When I did find my car, it was three streets up from where I was, with the tires slashed, so I don't know.

xcrunner4623 said:

Carl,

I see your point. I can easily bring my friend with me, who knows where I always park to corroborate the story with me. My whole thing is, if he sees the "objective signs," that's great and all, but a person who is tired will have glassed over eyes and delayed reactions. When I did find my car, it was three streets up from where I was, with the tires slashed, so I don't know.

Click to expand...

And you can raise all of that to try and establish reasonable doubt. But, you do not yet know what else he will articulate in his report - it is likely MORE than just the bloodshot and watery eyes and "delayed reactions". Plus, if you are tired and have had something to drink, that can still make you guilty of public intoxication. It also depends on what the elements of the offense entail in your state. They might be minimal.

- Carl

So was it TWO streets up or THREE streets up. And how on earth did you wander around for FIVE and a half HOURS and not find your car THREE BLOCKS from where you allegedly parked it?

CJane said:

So was it TWO streets up or THREE streets up. And how on earth did you wander around for FIVE and a half HOURS and not find your car THREE BLOCKS from where you allegedly parked it?

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Because he was inebriated??

I think that this part of the "big picture" that led the officer to conclude he might be too inebriated. Most sober people don't lose their cars. A few weeks back I was with a drunk outside of a bar who was reporting his car stolen ... when we handcuffed him, we found his car - it was the one we leaned him up against to take him in to custody!

- Carl

CdwJava said:

Because he was inebriated??

I think that this part of the "big picture" that led the officer to conclude he might be too inebriated. Most sober people don't lose their cars. A few weeks back I was with a drunk outside of a bar who was reporting his car stolen ... when we handcuffed him, we found his car - it was the one we leaned him up against to take him in to custody!

- Carl

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Hey I just came back to check for any updates and read this thread.

When I was in college, I parked my car in front of my friend's apartment building. We got absolutely plastered at his apartment from around 8pm until 1030pm before going out to the bar. I had at least 500mL of gin. I left my keys at my friend's apartment, and on our way out I stopped at my parked car and in a moment of clarity flipped the street-side sideview mirror in, to be safe.

Went to the bar, had a few more, got back around 1am and the car wasn't there. Called police, tow company, nothing. Cop came out and made the report. I recounted to him getting drunk, and specifically leaving the keys in the apartment and turning the mirror, which my friend corroborated. Of course the cop thought we had moved the car and forgot about it because we were drinking. We were on the sidewalk and in hindsight, thank god he didn't bring us in for PI (this was in Pennsylvania). Called insurance, had the whole process of a stolen car moving forward.

3 days later I get a call from police, "We found your car, parked on the top level of the local parking deck." Indeed it was my car, no sign of forced entry, mirror still flipped inward, and some books on the passenger seat. I still don't know exactly how it happened, I'm guessing it was a prank.. because both my friend and I are positive we didn't move it, plus there was stuff in the passenger seat as I had left it, if both of us were in the car to move it, it would have been shifted from my friend sitting there. My friend didn't have a roommate though, and as far as I know, nobody else had a key to my car. The cop who turned the car back over to me at the impound was skeptical. haha

I'm about to go to court.

Would it be worth it to plead not guilty to bide some extra time or just plead no contest?

Also, if the officer doesn't show up, does Texas law wave the case?