Fighting bs public intox charge

[jpwarm]

What is the name of your state (only U.S. law)?

Alabama

Hi i am under the age but i would appreciate any legal advice on the right way to handle this situation, my story is below.

THis past wednesday night I pulled into the parking lot by ridgecrest(my dorm) a little too fast last night my tires squealed a little bit. i parked my car and got out and i was immediately approached by two officers, they asked if i had drank and i told them yes feeling pressure, they put me through a bunch of field sobriety tests which i passed. They did not give me a dui, pi, mip instead they gave me a snam(student non academic misconduct which is the same as a public intox according the the University of Alabama). The description of the incident on the citation says " Individual caught officers attention and smelled of alcohlic beverage. Subject admitted to having several drinks" First off i knew i prob smelled like a bar but i had quick grill(food) prior to that. I know theres no way they could detect my breath smelling of alcohol after messy fries. In addition to that i did not tell them i had several drinks i told them i had a couple because i felt pressured to comply when i was approached against with the officer using profanity and raising his voice. "allright mother****** how many drinks have u had"

My meeting is with judicial affairs on tuesday. I need some advice. Im planning on appealing it because the cop cannot prove that i was drunk because he did not give me a breathalyzer test. Im planning on telling judicial affairs that i was bought a couple shots early in the night and i had plenty of enough time to sober up plus with my body composition 6ft 215lbs taking 3 shots at 11 waiting till 2 to go home, that is more than enough time for me to sober up. I did not feel like i was endangering myself in anyway possible and endangering anyone else.

Is this the right way to handle this? im trying to get the least amount if not any punishment at all.

I appreciate the help

 

[Antigone*]

What is the name of your state (only U.S. law)?

Alabama

Hi i am under the age but i would appreciate any legal advice on the right way to handle this situation, my story is below.

THis past wednesday night I pulled into the parking lot by ridgecrest(my dorm) a little too fast last night my tires squealed a little bit. i parked my car and got out and i was immediately approached by two officers, they asked if i had drank and i told them yes feeling pressure, they put me through a bunch of field sobriety tests which i passed. They did not give me a dui, pi, mip instead they gave me a snam(student non academic misconduct which is the same as a public intox according the the University of Alabama). The description of the incident on the citation says " Individual caught officers attention and smelled of alcohlic beverage. Subject admitted to having several drinks" First off i knew i prob smelled like a bar but i had quick grill(food) prior to that. I know theres no way they could detect my breath smelling of alcohol after messy fries. In addition to that i did not tell them i had several drinks i told them i had a couple because i felt pressured to comply when i was approached against with the officer using profanity and raising his voice. "allright mother****** how many drinks have u had"

My meeting is with judicial affairs on tuesday. I need some advice. Im planning on appealing it because the cop cannot prove that i was drunk because he did not give me a breathalyzer test. Im planning on telling judicial affairs that i was bought a couple shots early in the night and i had plenty of enough time to sober up plus with my body composition 6ft 215lbs taking 3 shots at 11 waiting till 2 to go home, that is more than enough time for me to sober up. I did not feel like i was endangering myself in anyway possible and endangering anyone else.

Is this the right way to handle this? im trying to get the least amount if not any punishment at all.

I appreciate the help

You mean that you are willing to lie to get what you want, right

 

[justalayman]

Am I missing something?

You said you had been drinking. In fact, you had been drinking. Your claim that they could not smell the booze is your position. Most people that argue this position actually are wrong.

Im planning on telling judicial affairs that i was bought a couple shots early in the night and i had plenty of enough time to sober up plus with my body composition 6ft 215lbs taking 3 shots at 11 waiting till 2 to go home, that is more than enough time for me to sober up.

So, you are going to admit to illegally drinking and you somehow believe this will be a good defense?

It does not matter how safe you were, how drunk you weren't, how fast you drove, or how safely you drove. The fact is you had been drinking (which is illegal for a person not "of age") and you want to say, yes, I was drinking but I'm not guilty.

I'm just not seeing it.




Oh, and to your "I passed the FST's"

How do you know? What were they looking for that you claim they didn't find?

 

[outonbail]

Your best bet is usually to accept responsibility for your actions. If you start spinning some BS story you will probably end up in more trouble than if you come clean.

But a couple of things to consider are:
1. The odor of alcohol was easily detected on your breath. Trust me on this one. It may have smelled like greasy french fries soaked in alcohol, but it was noticeable.
2. Two sober officers who deal with alcohol related offenses and intoxicated people all the time are going to hold more credibility with Judicial Affairs than you will.
3. If you start claiming someone else bought shots, they are going to want a name of the generous person(s). Are you prepared to drop names and possibly bring someone else into your mess if they decide to check your story out?
4. Even if someone bought you three shots, you are under age. You are not legally permitted to accept alcohol whether it is free or you pay for it.
5. If you felt pressured by the officers when you were questioned about your drinking, what makes you think you will not break under the pressures of questioning and cross examination by the judicial affairs board?

For these and other reasons I will not bore you with, if you start telling little lies to cover your butt, you will probably be received as a liar who thinks he's smarter than the people questioning his conduct and it will be obvious you are not taking responsibility for your actions. Hence, the board members will be sure to punish you in a way that they believe will hit home with you, make you see the error of your ways and stop consuming alcohol.

You will probably fair better by thanking the officers for this wake up call. Tell them it really shook you up and you don't plan on participating in this type of illegal behavior anymore and possibly jeopardizing your education and your future.

Mean what you say, then do what you say. I don't know if you will be given a second chance to prove yourself or not, but I do know you will not be given a third.

Remember, most students who have gone before the Judicial affair board, for the same offense, have tried to use the old, "I only had three drinks" story. The board has heard it a million times. They might appreciate a little honesty for a change,,,,

 

[jpwarm]

According to Alabama state law

Visible signs of public intoxication
- red blood shot eyes
- i did not have
- staggering
- walked in a straight line fine had no trouble standing up or still
- strong alcohol breath
- i still disagree with yall
- slurred speech
- absolutely not because it would have been in the citation

- animated behavior
- i treated the officers like they should be treated...with respect
- loud boisterous behavior


The sobering process
- Takes one hour for body to eliminate the alcohol from one drink.
- i sure as hell no i was sober

Public intoxication state law
- A person commits the crime of public intoxication if he appears under the influence of alcohol, narcotics or other drug to the degree that he endangers himself or another person or property, or by boisterous conduct annoys another person in his vicinity

I sure as hell wasnt not endangering myself and i was not endangering others


Searched my car without permission
“ Do you have drugs on you, no” “we are going to search your car anyways” no warrant

I realize i am going to be admitting to underage drinking but there is nothin else that can be proven. This is not local police this is campus police just if anyone wondered

 

[jpwarm]

in addition to everything when i was approached by the officer i admitted to having a couple of drinks vs the "several" that is stated.

 

[jpwarm]

i heard them say i was fine with the tests

 

[justalayman]

well, the first thing is:

the charge is not public intox. It is that snam you spoke of. Since this is a university thing, what makes you think any of the states laws are applicable? Is there the possibility of incarceration? What are the penalties available for SNAM?



. Bottom line:

You are underage. You were drinking. You admit you were drinking. They do not have to prove any level of BAC or being a danger. The only thing that is relevant is: you were drinking; you are underage.

Visible signs of public intoxication
- red blood shot eyes
- i did not have
- staggering
- walked in a straight line fine had no trouble standing up or still
- strong alcohol breath
- i still disagree with yall
- slurred speech
- absolutely not because it would have been in the citation

- animated behavior
- i treated the officers like they should be treated...with respect
- loud boisterous behavior

and what does that have to do with a field sobriety test?

while those actions are damning, they are not what is tested for in a FST.

 

[cyjeff]

You are saying you are willing to trade a nothing charge of university deemed public intox for a criminal charge of minor in consumption?

One charge that will effectively cost you nothing and will not show up in background checks for one that will cost several hundred dollars and will?

Go for it.

 

[outonbail]

in addition to everything when i was approached by the officer i admitted to having a couple of drinks vs the "several" that is stated.

So your defense strategy, is to prove beyond any reasonable doubt, that you are in fact guilty of the charge your facing and more?

Only you're going to present it in such a way that it will appear you are not taking responsibility for your actions and that you believe you did no wrong, because it is their strict campus policies that need to change, not your social drinking habits.


Well, it sounds like you about have this one in the bag! Time for a little celebrating if you ask me!

Cheers!!!

 

[jpwarm]

did i do harm to myself....no?

Did i endanger anyone else...hell no

Maybe i do have a problem but i sure as hell know when my breath smells like ****cohol even when i have had a few beers.

Just answer me this or at least put your self in my shoes - and honestly do it as a young 20 year old at a wildplace like tuscaloosa

You have a couple beers at a bar from 1050ish to around 245am, i was there hangin out with friends plus there was a good band playing. You go get food and you have plenty..plenty of time to sober up. Now tell me why the hell should i be given any formal/university charge of a public intoxication.

Im not bsing the people in this forum im being completely honest, if i knew i was deserving of these charges i wouldnt be asking for advice i would own up and accept my punishment but this is something i cannot do esp with this charge . I just want to throw out there on that wednesday night a kid got alcohol poisoned in my dorm so there were university police already there when i arrived back to the parking lot. So if by university law everybody who had partied there that night in whoevers room it was is deserving of a public intox?

 

[cyjeff]

did i do harm to myself....no?

Did i endanger anyone else...hell no

That was never part of the question.

Maybe i do have a problem but i sure as hell know when my breath smells like ****cohol even when i have had a few beers.

Oh, so you aren't fighting the officer's judgment?

Just answer me this or at least put your self in my shoes - and honestly do it as a young 20 year old at a wildplace like tuscaloosa

You have a couple beers at a bar from 1050ish to around 245am, i was there hangin out with friends plus there was a good band playing. You go get food and you have plenty..plenty of time to sober up. Now tell me why the hell should i be given any formal/university charge of a public intoxication.

Because, when asked, you admitted to an illegal act. Of all the charges you could have faced, this is the weakest charge possible.

Im not bsing the people in this forum im being completely honest, if i knew i was deserving of these charges i wouldnt be asking for advice i would own up and accept my punishment but this is something i cannot do esp with this charge .

Your opinion doesn't really matter much here.

I just want to throw out there on that wednesday night a kid got alcohol poisoned in my dorm so there were university police already there when i arrived back to the parking lot. So if by university law everybody who had partied there that night in whoevers room it was is deserving of a public intox?

Legally, yes.

 

[justalayman]

You have a couple beers at a bar from 1050ish to around 245am, i was there hangin out with friends plus there was a good band playing. You go get food and you have plenty..plenty of time to sober up. Now tell me why the hell should i be given any formal/university charge of a public intoxication.

Im not bsing the people in this forum im being completely honest, if i knew i was deserving of these charges i wouldnt be asking for advice i would own up and accept my punishment but this is something i cannot do esp with this charge . I just want to throw out there on that wednesday night a kid got alcohol poisoned in my dorm so there were university police already there when i arrived back to the parking lot. So if by university law everybody who had partied there that night in whoevers room it was is deserving of a public intox?

Oh, so now you had a couple beers in addition to the couple of shots mentioned previously:

Im planning on telling judicial affairs that i was bought a couple shots early in the night

You're going downhill fast.

So, very simply, why you should be charged:

you are underage and you were drinking.

end of story.

 

[las365]

Ignore them, kid! I like your attitude and your arguments. I say you march right into whatever arena of authority will be dealing with this and lay it on the line for them just as you have here.

You will surely get the justice you deserve.

 

[Antigone*]

Ignore them, kid! I like your attitude and your arguments. I say you march right into whatever arena of authority will be dealing with this and lay it on the line for them just as you have here.

You will surely get the justice you deserve.

Oh...to be a fly on that wall