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TOC - Wasn't mine and no knowledge

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bsvic123

Junior Member
What is the name of your state (only U.S. law)? Oklahoma
So I was taking my extremely drunk friend home one late night and I come acoss about 3 sheriff's cruisers sitting on the side of this dirt road. I slowly creep by, as they did not physically make me stop, ie. a "road block" scenario. About a mile down the road, YAY FLASHING LIGHTS! Guy says I had a tag light out, BUT OF COURSE! Asks me to step out, gives me a warning and HEY, even a free field sobriety test (YES I LOVE THESE), as he probably smelled my lovely friend's exuberance. I pass it, and he runs my friend's ID, comes up with a warrant. Asks me to search my vehicle (you're going to do it anyways johnny law, if I refuse I'm sure you'll plant something on me, because you know, mr. cop, you always have the upper hand in any situation and prey on the weak at hand). So whatever, go ahead, I don't have anything to worry about. OH WAIT. Mr. cop finds two 40 oz. bottles of beer in my friend's backpack, one of which was open. Great, thanks friend, wish you woulda told me you had an OPEN BEER in your frickin' backpack. I am very surprised at this point, and ask my friend "was that in your backpack", mr. cop tells me to "shutup, this is yours". Mr. cop goes to talk to my friend in his cruiser, gets out, and completely lying states "your friend ratted you out, you might as well admit the beer is yours". HA yeah right, you think I'm gonna fall for that cop trick? NOPE. First, my friend wouldn't even "rat me out", second, he didn't say that. Then, they try to pull the old "just tell us how much you had to drink and we'll go easy on you". HAHAHA I know that one too! So I tell them I can't drink and drive, because I really don't want to lose my job with the post office. So, I get this lovely ticket for TOC and a "kick in the butt goodbye, pay the ticket and shut up". I'm pleading not guilty and going to explain my situation in court in March. I don't have money for a lawyer, and I really don't want to lose my job, as I live in a town of 2000, jobs here are slim to none especially one that pays this well not to mention the current economy status. I have no traffic tickets in the past 5 years, and no criminal record. I haven't got into any trouble since the "incident". Every day is pins and needles and stress worrying about what might happen. I have no other option to tell my side and hope for the best. What are the legalities surrounding this issue here in OK? I know that ignorance of the law is no excuse, but in my case, if ignorance is bliss... I must be happy. :mad:
 


Zigner

Senior Member, Non-Attorney
Of course they were going to search the car - they were ARRESTING YOU. You are not Mr. Squeaky-Clean, as you make yourself out to be.

Your story of the open beer being in the backpack...not believable at all (unless you forgot to mention that the backpack was soaking wet from the beer sloshing all over)
 

JETX

Senior Member
What is the name of your state (only U.S. law)? Oklahoma
So I was taking my extremely drunk friend home one late night and I come acoss about 3 sheriff's cruisers sitting on the side of this dirt road. I slowly creep by, as they did not physically make me stop, ie. a "road block" scenario. About a mile down the road, YAY FLASHING LIGHTS! Guy says I had a tag light out, BUT OF COURSE! Asks me to step out, gives me a warning and HEY, even a free field sobriety test (YES I LOVE THESE), as he probably smelled my lovely friend's exuberance. I pass it, and he runs my friend's ID, comes up with a warrant. Asks me to search my vehicle (you're going to do it anyways johnny law, if I refuse I'm sure you'll plant something on me, because you know, mr. cop, you always have the upper hand in any situation and prey on the weak at hand). So whatever, go ahead, I don't have anything to worry about. OH WAIT. Mr. cop finds two 40 oz. bottles of beer in my friend's backpack, one of which was open. Great, thanks friend, wish you woulda told me you had an OPEN BEER in your frickin' backpack. I am very surprised at this point, and ask my friend "was that in your backpack", mr. cop tells me to "shutup, this is yours". Mr. cop goes to talk to my friend in his cruiser, gets out, and completely lying states "your friend ratted you out, you might as well admit the beer is yours". HA yeah right, you think I'm gonna fall for that cop trick? NOPE. First, my friend wouldn't even "rat me out", second, he didn't say that. Then, they try to pull the old "just tell us how much you had to drink and we'll go easy on you". HAHAHA I know that one too! So I tell them I can't drink and drive, because I really don't want to lose my job with the post office. So, I get this lovely ticket for TOC and a "kick in the butt goodbye, pay the ticket and shut up". I'm pleading not guilty and going to explain my situation in court in March. I don't have money for a lawyer, and I really don't want to lose my job, as I live in a town of 2000, jobs here are slim to none especially one that pays this well not to mention the current economy status. I have no traffic tickets in the past 5 years, and no criminal record. I haven't got into any trouble since the "incident". Every day is pins and needles and stress worrying about what might happen. I have no other option to tell my side and hope for the best. What are the legalities surrounding this issue here in OK? I know that ignorance of the law is no excuse, but in my case, if ignorance is bliss... I must be happy. :mad:
Wow... you are full of so much PELOSI, I bet your eyes are brown!!

You seem to assume that you are a little angel, yet your post is full of paranoia filled rants... which indicates that you have (what is likely) an extensive history with the police.

I doubt your rambling 'excuse' will be accepted by any court. Better make up a better one.
 

cyjeff

Senior Member
Wow... you are full of so much PELOSI, I bet your eyes are brown!!

You seem to assume that you are a little angel, yet your post is full of paranoia filled rants... which indicates that you have (what is likely) an extensive history with the police.

I doubt your rambling 'excuse' will be accepted by any court. Better make up a better one.
Um, he DID say he was a postal worker.
 
If the backpack with the resealed open container was in the trunk or (in the absence of a trunk) behind the last upright seat in the vehicle and not easily accesible by the driver you would be ok in Ohio.
 

Zigner

Senior Member, Non-Attorney
If the backpack with the resealed open container was in the trunk or (in the absence of a trunk) behind the last upright seat in the vehicle and not easily accesible by the driver you would be ok in Ohio.
Yes, and in Alaska, the laws relating to private pilots are a bit different than most of the rest of the country.

My post has as much to do with the OP's situation as yours. Specifically, NOTHING!
 
Yes, and in Alaska, the laws relating to private pilots are a bit different than most of the rest of the country.

My post has as much to do with the OP's situation as yours. Specifically, NOTHING!
Well, not nothing. At least a little something.
See he wasn't flying a plane so even if the law was exactly the same in his state as in Alaska it would still have nothing do do with his issue.
My post had to do with automobiles (he was driving one of these) and open containers in the vehicle (he had two of these). So on the outside chance that laws are similar in his state and the situation applies I may have helped him (what he was asking for).
 

Zigner

Senior Member, Non-Attorney
Well, not nothing. At least a little something.
See he wasn't flying a plane so even if the law was exactly the same in his state as in Alaska it would still have nothing do do with his issue.
My post had to do with automobiles (he was driving one of these) and open containers in the vehicle (he had two of these). So on the outside chance that laws are similar in his state and the situation applies I may have helped him (what he was asking for).
Your post did not involve our OP's STATE. That is the point. If you have information that actually relates to the OP's STATE, then post it. Otherwise, sit this one out.
 
Your post did not involve our OP's STATE. That is the point. If you have information that actually relates to the OP's STATE, then post it. Otherwise, sit this one out.


And this one has what to do with ...
...anything?



Oklahoma's open container law is similar to Ohio's. I'd look it up and post it but I don't want to annoy anybody into posting something that has to do with me trying to help the OP's question and not the OP's actual question.

Good luck
 
My post is there to correct the possibly FALSE information you are passing on.
It's not false. I was careful to say that I was explaining the Ohio law. That IF his situation applied than the OP may be inclined to check and see if the law was similar in his state and POSSIBLY be helped.

Good Grief
 

Zigner

Senior Member, Non-Attorney
It's not false. I was careful to say that I was explaining the Ohio law. That IF his situation applied than the OP may be inclined to check and see if the law was similar in his state and POSSIBLY be helped.

Good Grief
It is false as it relates to the OP. Ohio law has no bearing on our OP. And grief is what you are causing.
 

mommyof4

Senior Member
It's not false. I was careful to say that I was explaining the Ohio law. That IF his situation applied than the OP may be inclined to check and see if the law was similar in his state and POSSIBLY be helped.

Good Grief
Luckily, in THIS INSTANCE, the laws are similar.

That said, in the future, please refrain from posting your state's laws if your state is not the same as the OP's. Often, laws vary widely from state to state. For instance, in TX, a minor may legally consume alcohol as long as the parent or legal guardian is providing said alcohol and the alcohol is being consumed in the parent's or legal guardian's presence. Here in Ohio, it is NOT legal. See? Neither TX nor Ohio has anything to do with each other, much less Oklahoma.

You are missing the point that posting another state's law is NOT helpful to the OP. How hard would it have been to look up OK's laws and post THAT information based on the information you had located instead of posting OH's laws and telling the OP to check to see if his state's laws were similar?

Understand now?
+++++++++++++++++++++++++++

OP, where was the backpack?
 
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