Missouri
Hello, I seek opinions, but advice is more than welcome as well.
Last year, from September to November, I was employed by Missouri Department of Corrections, their rules state that all arrests must be reported in writing and submitted to the administrator immediately upon incident, this will come into play later.
In September, I was apprehended and served summons for 2 counts of public intoxication, under the circumstances of the arrests, I submitted and entered a guilty plea for merely a $250 dollar fine.
I failed to report these arrests to the administrator, and after being assigned to non-inmate contact status for approximately a month, I was dismissed from employment with the Missouri DOC, subsequently losing my home and falling severely behind on my bills. Although the initial disciplinary action request was for said failure to report, my letter of termination mostly focused on my conduct in public as a public servant.
In August, as the story goes, I went to my friends house and had some drinks. I had left my car at home that day because I don't drink and drive, however, I still quit drinking 2 hours before I was to leave, and when the night came to a close, I began to walk home, I did absolutely nothing wrong during that walk, merely minding my own business and walking 3 ft away from the shoulder of the road, about halfway into my walk, 3 cops with their emergency lights out rushed out of nowhere, the city officer, I believe his name is Ed Stryker, but not too sure, stepped out of his vehicle, approached and greeted me, I greeted back politely, he then asked if I had been drinking, I responded; "Yeah, earlier tonight but I stuck around and sob..." and this was all I was able to get out of my mouth before he interrupted me by commanding me to put my hands behind my back as I was under arrest for public intoxication, my conduct after the arrest was certainly not good, yes I was a bit pissed that I was surrounded by police officers for no reason at all, I am human, after all. Anyways, he refused to give me a Breathalyzer to prove that I wasn't intoxicated or over the legal limit, and I was certainly not a danger to myself or anyone else, it was quite late, there were no vehicles, and as previously mentioned, I made it a point to stay 3 ft off the shoulder of the road.
I went to court last month, asked the judge for a continuance to speak with the prosecutor, for the sake of a plea bargain and just getting it over with, but I decided that maybe a little research was necessary, and what I stumbled upon was absolutely astonishing to me.
http://www.moga.mo.gov/statutes/C000-099/0670000305.HTM
http://www.moga.mo.gov/statutes/C000-099/0670000310.HTM
As you see there, the state of Missouri has no public intoxication law, and strictly prohibits counties and municipalities from creating their own ordinances of the same.
I called our house of representatives today, just to verify that the information I had was correct, and the year that the bill was passed, it was indeed correct, and the bill was passed in 1977, so I really see no loopholes or technicalities that could uphold this sentence.
I go to court Monday, in which time I plan to present the information I have in order to have these cases dropped, and from there, is where things become cloudy.
I think back, and I realized that by the first 2 tickets, my life was basically stripped away, I lost my job, my home and was put severely into debt, and now as it turns out these arrests were unlawful.
I've been trying to enlist into the military for over a year now, and have been unable to due to the fact that I'm tied up in my counties legal system, and am looking to be until at least March, after that, unpaid fines. If possible, I'd like my fines written off and to be free of the meat grinder in my county, but I don't know how to go about asking for that without it being interpreted as a threat, which brings me to my second option.
I do believe I have standing for a lawsuit, although I'm unsure of the statutes of limitation of wrongful arrests and convictions, I'm certain that I've got plenty of time for at least my third charge, I have information, at least 1 of my tickets, and they will have the arrests records and reports as well, if I were to file a lawsuit (which I'm still reading up about the exact procedure), I would seek damages including but not limiting to a years salary lost due to my dismissal from the DOC.
So the feedback requested from you, anyone that happens to read this, is;
- Do you believe in your opinion that I have good standing?
- What would be the best course of action?
- Would the damages sought be adequate or inadequate and justified?
- Should I involve Internal Affairs at this point?
- I know of others that have been apprehended, detained, charged and convicted of public intoxication, does this mean that a class-action lawsuit could be a possibility?
I sincerely appreciate any feedback, thank you in advance.
Hello, I seek opinions, but advice is more than welcome as well.
Last year, from September to November, I was employed by Missouri Department of Corrections, their rules state that all arrests must be reported in writing and submitted to the administrator immediately upon incident, this will come into play later.
In September, I was apprehended and served summons for 2 counts of public intoxication, under the circumstances of the arrests, I submitted and entered a guilty plea for merely a $250 dollar fine.
I failed to report these arrests to the administrator, and after being assigned to non-inmate contact status for approximately a month, I was dismissed from employment with the Missouri DOC, subsequently losing my home and falling severely behind on my bills. Although the initial disciplinary action request was for said failure to report, my letter of termination mostly focused on my conduct in public as a public servant.
In August, as the story goes, I went to my friends house and had some drinks. I had left my car at home that day because I don't drink and drive, however, I still quit drinking 2 hours before I was to leave, and when the night came to a close, I began to walk home, I did absolutely nothing wrong during that walk, merely minding my own business and walking 3 ft away from the shoulder of the road, about halfway into my walk, 3 cops with their emergency lights out rushed out of nowhere, the city officer, I believe his name is Ed Stryker, but not too sure, stepped out of his vehicle, approached and greeted me, I greeted back politely, he then asked if I had been drinking, I responded; "Yeah, earlier tonight but I stuck around and sob..." and this was all I was able to get out of my mouth before he interrupted me by commanding me to put my hands behind my back as I was under arrest for public intoxication, my conduct after the arrest was certainly not good, yes I was a bit pissed that I was surrounded by police officers for no reason at all, I am human, after all. Anyways, he refused to give me a Breathalyzer to prove that I wasn't intoxicated or over the legal limit, and I was certainly not a danger to myself or anyone else, it was quite late, there were no vehicles, and as previously mentioned, I made it a point to stay 3 ft off the shoulder of the road.
I went to court last month, asked the judge for a continuance to speak with the prosecutor, for the sake of a plea bargain and just getting it over with, but I decided that maybe a little research was necessary, and what I stumbled upon was absolutely astonishing to me.
http://www.moga.mo.gov/statutes/C000-099/0670000305.HTM
http://www.moga.mo.gov/statutes/C000-099/0670000310.HTM
As you see there, the state of Missouri has no public intoxication law, and strictly prohibits counties and municipalities from creating their own ordinances of the same.
I called our house of representatives today, just to verify that the information I had was correct, and the year that the bill was passed, it was indeed correct, and the bill was passed in 1977, so I really see no loopholes or technicalities that could uphold this sentence.
I go to court Monday, in which time I plan to present the information I have in order to have these cases dropped, and from there, is where things become cloudy.
I think back, and I realized that by the first 2 tickets, my life was basically stripped away, I lost my job, my home and was put severely into debt, and now as it turns out these arrests were unlawful.
I've been trying to enlist into the military for over a year now, and have been unable to due to the fact that I'm tied up in my counties legal system, and am looking to be until at least March, after that, unpaid fines. If possible, I'd like my fines written off and to be free of the meat grinder in my county, but I don't know how to go about asking for that without it being interpreted as a threat, which brings me to my second option.
I do believe I have standing for a lawsuit, although I'm unsure of the statutes of limitation of wrongful arrests and convictions, I'm certain that I've got plenty of time for at least my third charge, I have information, at least 1 of my tickets, and they will have the arrests records and reports as well, if I were to file a lawsuit (which I'm still reading up about the exact procedure), I would seek damages including but not limiting to a years salary lost due to my dismissal from the DOC.
So the feedback requested from you, anyone that happens to read this, is;
- Do you believe in your opinion that I have good standing?
- What would be the best course of action?
- Would the damages sought be adequate or inadequate and justified?
- Should I involve Internal Affairs at this point?
- I know of others that have been apprehended, detained, charged and convicted of public intoxication, does this mean that a class-action lawsuit could be a possibility?
I sincerely appreciate any feedback, thank you in advance.
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