[bucho]

I am a HUGE supporter of SAPD, hell I have friends in the department, but I gotta say sometimes these fuggin rookies piss me off.
I got arrested for a PI after having lunch at a restaurant at which I only had 2 beers. I walked outside and slipped, fell down and as I am standing up 2 officers ask me if I have been drinking....welll yea! with lunch...anyhoo the male officer was cool, I said I slipped...the Female officer...the rook is asking me all these questions, like where have you been today yadda yadda...whatever...I answer politeley and advise them that I am ok. anyway she latches my happy ass up and throws me in the car. I spent like 10 friggin hours in there sober as a fuggin church mouse and then I am released.

I have never been arrested in my whole life and these two treated me like I just knocked over a bank. Didnt even ask if I needed medical attention. Now I have to appear in court for a fuckin PI...WTF?

anyopne have advice for a first time "offender" ?

oh yea, and for those of you who know me, I can slam down a case of miller lite and still walk a tight rope nekkid with a cinder block hanging from my pecker!

[BigJnSA]

dude - major suxxor. aint got any advice for ya, but hope things get better.

[aguilarf]

Sorry to hear that. Sounds like shes out to prove herself. Bet she'll make one hell of a ticket writer too. Probably pull your ass over for anything I bet. Did you get a field sobriety test or breathalyzer when they booked you? How could she prove you were actually under the influence? Your restaurant receipt could prove you only had 2 beers. Just play it cool with the judge and explain your situation in a calm manner. They don't like attitude.

I got a PI once, but didn't have to appear in court. Just a few hours in the tank on Frio street.

[Stumpy]

if you did not take a breathalyzer or take a field sobriety test, they really have no proof that you were intoxicated. if this case gets thrown out due to failure of proof, then you can turn around and immediately file a complaint for harrassment and false imprisonment. basically, what i am saying is that if she fired out the cuffs and did not obtain proof of intoxication then you can knock her down a couple of notches by way or a formal complaint. it will make her think twice before she just tosses someone in the back of the car.

[91GT]

That sucks man! Fricking rooky, Just nothing better to do and/or stupid! Go get the fucking crack heads and child molesters! Leave us "good guys" alone!


"oh yea, and for those of you who know me, I can slam down a case of miller lite and still walk a tight rope nekkid with a cinder block hanging from my pecker! " X2

[PonyTx]

Originally Posted by Stumpy

if you did not take a breathalyzer or take a field sobriety test, they really have no proof that you were intoxicated. if this case gets thrown out due to failure of proof, then you can turn around and immediately file a complaint for harrassment and false imprisonment. basically, what i am saying is that if she fired out the cuffs and did not obtain proof of intoxication then you can knock her down a couple of notches by way or a formal complaint. it will make her think twice before she just tosses someone in the back of the car.

I agree with what he said. They have to have some kind of hard proof, don't they?

[Ryan_65Stallion]

Originally Posted by PonyTx

I agree with what he said. They have to have some kind of hard proof, don't they?

Yeah, they have to give you a breath test or a field sob. test to prove you are actually drunk. The court won't charge you unless you were proven guilty which they don't have shit but him falling down. He'll be fine.

[Stumpy]

if all they busted him on is falling down, i need to make sure i stay away from those cops. i fall down at times when i'm sober...

[bucho]

Thanx for the support and advice. I just spoke to my friend who is a lawyer and she laughed her ass off. After regaining composure she told me that the ticket will be dismissed as mentioned due to the lack of evidence.

[Mustang_68_Coup]

Originally Posted by bucho

oh yea, and for those of you who know me, I can slam down a case of miller lite and still walk a tight rope nekkid with a cinder block hanging from my pecker!

OMG, I would be ~in trouble~ .... I can barely walk when I am straight. I trip just walking on carpet, usually.

Good luck on getting it dismissed for lack of evidence!

[ezblonde]

that sucks man!!! it should get thrown out!!!! Let us know what happens!

[1SLO85]

Originally Posted by Stumpy

if you did not take a breathalyzer or take a field sobriety test, they really have no proof that you were intoxicated. if this case gets thrown out due to failure of proof, then you can turn around and immediately file a complaint for harrassment and false imprisonment. basically, what i am saying is that if she fired out the cuffs and did not obtain proof of intoxication then you can knock her down a couple of notches by way or a formal complaint. it will make her think twice before she just tosses someone in the back of the car.

That is the farthest from the truth. In order to prove PI, the Officer just has to articulate that he/she felt the offender was a danger to himself and/or others.

[TheBocSez]

Originally Posted by 1SLO85

That is the farthest from the truth. In order to prove PI, the Officer just has to articulate that he/she felt the offender was a danger to himself and/or others.

Ahhh, the voice of reason chimed in. Absolutely correct!! Now that you have heard from the LSS lawyers, read the law for yourself. Not busting on anyone or saying that it was right or wrong that you got arrested, but if your looking for legal advise on a Mustang site, I would hire a lawyer

§ 49.02. PUBLIC INTOXICATION. (a) A person commits an
offense if the person appears in a public place while intoxicated to
the degree that the person may endanger the person or another.

(c) Except as provided by Subsection

(e), an offense under this section is a Class C misdemeanor.


Now, the definition of intoxication as it applies to this offense.


(2) "Intoxicated" means:
(A) not having the normal use of mental or
physical faculties by reason of the introduction of alcohol, a
controlled substance, a drug, a dangerous drug, a combination of
two or more of those substances, or any other substance into the
body; or
(B) having an alcohol concentration of 0.08 or
more.

Now, knowing that, the officers report will reflect that she detected the odor of an intoxicating beverage on your breath, that you stated you had been drinking, that she observed you fall down and what ever else occured during your interaction with the officer.

With that all stated, the elements of the offense have been met satisfactorly to file the charges.

Alcohol introduced into the body

Not having normal use of your physical faculties and a danger to self ( falling down )

[BigJnSA]

Originally Posted by TheBocSez

...but if your looking for legal advise on a Mustang site, I would hire a lawyer

LOL! best advice yet!

[bucho]

thanx guys....but I have consulted with a lawyer...all is well.