Saturday, August 7, 2010

Will the case be dismissed with no sobriety test done?

I was arrested for public intoxication three weeks ago, I did drink that night, but I had tons of water, and I was NOT drunk, I was taking a walk after me and my mother came home and had a little fight, my foot had caught a pothole in the driveway next to the gas station, and I had twisted my ankle. The cop had seen me after that, so I kept walking. He asked me if I was ok I told him I was fine I had twisted my ankle, He asked me if I needed an ambulance and I refused,told him that I have alot of med bills to pay, I would take care of it when I got home, he asked me if I had been drinking I said I had a few shots 5 hours ago but I had been drinking water during and after. He had offered me a ride home after that I refused that too because our landlords in our trailer park have made it abundantly clear that no police are allowed in our park unless it was a dire emergency, and I did not want to risk my mother getting evicted once again. He then told me that he either takes me home or I get arrested for public intoxication, I told him again that I did not want to risk my mother getting in trouble, he then handcuffed me and took me to jail....I was not drunnk, he only went by the alcohol on my breath did not do a sobriety test of any kind, and he saw me staggering, which honestly I waslimping with my twisted ankle, I'm planning to say not guilty, I'm wondering if I even have a chance for this to be dismissed if I told the udge exactly what i told you allWill the case be dismissed with no sobriety test done?
it may be thrown out, but technicall you were intoxicated. you DID still have alcohol in you, and admitted to drinking, and unfortunatly public intoxication or DUI are NOT reqired to have a blood or breath test, because those charges do not need an alcohol limit. they are based on your brain being affected by ANYTHING including booze, drugs, medicine etc. the only charge that you need to take a test for is driving over the limit. GOOD NEWS: you explain your story to the judge and I think he will throw it out.Will the case be dismissed with no sobriety test done?
Why not?! Never plead guilty to something you didnt do. Thats what the system is for. Whats the worst that could happen? Im pretty sure if your even found guilty for an A.I., the little time you spent in jail would cover that, plus a fine. Just plead your case and see what happens. Let the judge hear it.
They do not need your alcohol level for public intoxication. You admitted to be drinking and you were staggering around maybe it was because of your ankle, but you refused medical help. Plus he probably smelled alcohol on you. Just be smart about it
Plead not guilty and tell them about your twisted ankle.


They have to prove you were intoxicated and I don't know how they can do that without a breathalyzer test. Sounds to me like this will be thrown out. Also get a public defender and get the case canceled until a later date. Never go into court without a lawyer.

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