What is the name of your state (only U.S. law)? Michigan
So, I moved back to Michigan a few months ago after living in Arizona for a year. I went out with some friends in my old college town and had a few (3 or 4) drinks. I had the very bright idea to mix this with a milk shake.
Suffice to say, later on in the evening, I got sick and threw up (I was feeling sick before I left, I only decided to go because it was labor day weekend).
By this time my friend had left me, and I didn't know where his new place was, so I decided to take a nap in my car for a few hours, as I was feeling sick still and I wasn't able to drive. I left the door a little open because I was still feeling sick, and I didn't want to turn my car on to roll the window down, because that would be operating it, and while I wasn't drunk, I had had a couple drinks.
I was woken up by the police about 2 or 3 hours later, with them having two police cars and an ambulance, and saying I was non-responsive (they weren't near me). I foggily wake up, and they (two different officers), ask me where I am and where I live at the same time. I answer one of them, and the other one says "He thinks he's in Plymouth", when I said where I lived. I was in another town called Ypsilanti.
Anyway, they ask me to take a breathalyzer, I tell them I do not consent, after asking if there is any penalty
They tell me I have to go to the hospital, I tell them I don't consent to that. They tell me I have no choice. I get on the guerney. They mention that the police have to decide whether or not they're going to impound my car. I ask them why, I am parked legally. They ask me where my keys are, I tell them I don't know. I believe they search my car - I tell them, once again, I don't consent.
They put me into the ambulance, and the cop who wanted to give me the breathalyzer hands me a ticket and says "You should have taken the breathalyzer test" which I can only interpret as sarcastic or mean. It was for public intoxication.
The ambulance wanted to give me a blood sugar test, I tell them I do not consent. They tell me I have no choice. I allow them to do it, after assuring them that I do not consent.
I go to the hospital, I tell them I don't consent to being admitted to the hospital, they ask for my name, and I refuse to give it. I believe the cops gave it to the hospital. At this point I was EXTREMELY cold. I had been since I woke up. I was given four or five blankets, and hot water, and then hot tea. I was taken into a room, and waited for a doctor or some other medical professional.
They talk to me for five minutes, tell me I'm clearly just tired, and tell me that I should get a ride, just so they don't have to conduct any tests, like BAC. I call a family member to pick me up, and was released (to my own custody), about an hour and ten minutes after the charge appears on my ticket.
Now, from what I can see, I wasn't publicly intoxicated - the law specifically says I have to be a danger to others (not myself, even), and I don't feel I was necessarily even intoxicated. I was a bit foggy at first, but I was tired, and extremely cold, which causes you to be somewhat foggy. After perhaps 20-30 minutes at the hospital (after getting hot water and blankets), I was completely normal acting.
I wasn't rude to the police, I did what they asked, I merely let them know I didn't consent. I wasn't overly loud or belligerent. I wasn't angry at all (I very rarely get angry).
What are my chances of fighting this ticket? I have an arraignment next week and I have no prior criminal convictions (a few traffic tickets in the past), nor even any prior criminal charges. I'm a college graduate who is intending on going into a doctoral program. Am I in serious trouble? Can I fight this?
So, I moved back to Michigan a few months ago after living in Arizona for a year. I went out with some friends in my old college town and had a few (3 or 4) drinks. I had the very bright idea to mix this with a milk shake.
Suffice to say, later on in the evening, I got sick and threw up (I was feeling sick before I left, I only decided to go because it was labor day weekend).
By this time my friend had left me, and I didn't know where his new place was, so I decided to take a nap in my car for a few hours, as I was feeling sick still and I wasn't able to drive. I left the door a little open because I was still feeling sick, and I didn't want to turn my car on to roll the window down, because that would be operating it, and while I wasn't drunk, I had had a couple drinks.
I was woken up by the police about 2 or 3 hours later, with them having two police cars and an ambulance, and saying I was non-responsive (they weren't near me). I foggily wake up, and they (two different officers), ask me where I am and where I live at the same time. I answer one of them, and the other one says "He thinks he's in Plymouth", when I said where I lived. I was in another town called Ypsilanti.
Anyway, they ask me to take a breathalyzer, I tell them I do not consent, after asking if there is any penalty
They tell me I have to go to the hospital, I tell them I don't consent to that. They tell me I have no choice. I get on the guerney. They mention that the police have to decide whether or not they're going to impound my car. I ask them why, I am parked legally. They ask me where my keys are, I tell them I don't know. I believe they search my car - I tell them, once again, I don't consent.
They put me into the ambulance, and the cop who wanted to give me the breathalyzer hands me a ticket and says "You should have taken the breathalyzer test" which I can only interpret as sarcastic or mean. It was for public intoxication.
The ambulance wanted to give me a blood sugar test, I tell them I do not consent. They tell me I have no choice. I allow them to do it, after assuring them that I do not consent.
I go to the hospital, I tell them I don't consent to being admitted to the hospital, they ask for my name, and I refuse to give it. I believe the cops gave it to the hospital. At this point I was EXTREMELY cold. I had been since I woke up. I was given four or five blankets, and hot water, and then hot tea. I was taken into a room, and waited for a doctor or some other medical professional.
They talk to me for five minutes, tell me I'm clearly just tired, and tell me that I should get a ride, just so they don't have to conduct any tests, like BAC. I call a family member to pick me up, and was released (to my own custody), about an hour and ten minutes after the charge appears on my ticket.
Now, from what I can see, I wasn't publicly intoxicated - the law specifically says I have to be a danger to others (not myself, even), and I don't feel I was necessarily even intoxicated. I was a bit foggy at first, but I was tired, and extremely cold, which causes you to be somewhat foggy. After perhaps 20-30 minutes at the hospital (after getting hot water and blankets), I was completely normal acting.
I wasn't rude to the police, I did what they asked, I merely let them know I didn't consent. I wasn't overly loud or belligerent. I wasn't angry at all (I very rarely get angry).
What are my chances of fighting this ticket? I have an arraignment next week and I have no prior criminal convictions (a few traffic tickets in the past), nor even any prior criminal charges. I'm a college graduate who is intending on going into a doctoral program. Am I in serious trouble? Can I fight this?
