Fairfax County General :
Fairfax Underground
Welcome to Fairfax Underground, a project site designed to improve communication among residents of Fairfax County, VA. Feel free to post anything Northern Virginia residents would find interesting.
I'm 20, have a clean record, not usually the one to get into issues like this and feel embarrassed but it has happened and trying to figure some stuff out. I got charged with a DIP at school late at night on campus at GMU, I will admit i was drinking a little bit but I had been sick most of the week so I had watery and red eyes and was in the bathroom where someone had thrown up at school on campus where I'm guessing is why cops were waiting outside cuz when I came out a police officer was waiting outside asking about someone getting sick and ended up trying to breathalyze me but I was nervous and scared so I didnt blow anything into it so he took me in for the night for the drunk tank. I told him I had not been drinking but have been pretty sick last few days. I am curious if I could have any kind of case where it would be worth trying to go to court or if i should pay the fine. As i was leaving in the morning when they do all the paperwork the last part when they verify stuff with a folder after I was given information and a paper about a court date, I was the only one not to get called up also so I'm not sure if maybe some paperwork was not fully done and that would help.
I'm 20, have a clean record, not usually the one to get into issues like this and feel embarrassed but it has happened and trying to figure some stuff out. I got charged with a DIP at school late at night on campus at GMU, I will admit i was drinking a little bit but I had been sick most of the week so I had watery and red eyes and was in the bathroom where someone had thrown up at school on campus where I'm guessing is why cops were waiting outside cuz when I came out a police officer was waiting outside asking about someone getting sick and ended up trying to breathalyze me but I was nervous and scared so I didnt blow anything into it so he took me in for the night for the drunk tank. I told him I had not been drinking but have been pretty sick last few days. I am curious if I could have any kind of case where it would be worth trying to go to court or if i should pay the fine. As i was leaving in the morning when they do all the paperwork the last part when they verify stuff with a folder after I was given information and a paper about a court date, I was the only one not to get called up also so I'm not sure if maybe some paperwork was not fully done and that would help.
I'm 20, have a clean record, not usually the one to get into issues like this and feel embarrassed but it has happened and trying to figure some stuff out. I got charged with a DIP at school late at night on campus at GMU, I will admit i was drinking a little bit but I had been sick most of the week so I had watery and red eyes and was in the bathroom where someone had thrown up at school on campus where I'm guessing is why cops were waiting outside cuz when I came out a police officer was waiting outside asking about someone getting sick and ended up trying to breathalyze me but I was nervous and scared so I didnt blow anything into it so he took me in for the night for the drunk tank.
I was told I could prepay the fine as well but after reading stuff online I'm confused of whether I still have to show up to court if I prepay the fine.
When I got arrested for this, I was so angry i consulted a lawyer, and here's what she told me - Unfortunately, the crime you were actually charged with is APPEARING TO BE DRUNK IN PUBLIC. As in, it doesnt even matter whether or not you were drunk.
GMU is a fucking police state. You pussies there should slash the rentacops tires and crap on Mertins lawn. In my day that is what the students would have done. Seriously you are paying those jerks to protect you not bust you for looking sick or tired. they are real assholes that are likely angry they never got their GED let alone Associates degree.
Grow some balls youth of today or we are doomed...
2009-015359 Drunk in Public Dustin Decarlo, GMU student, 20, of Reston, VA was arrested for the above charge and transported to the Fairfax County Adult Detention Center. Mr. Decarlo was held until sober. (41/ Rapoli)
Yes, the lawyer is correct. A police officer in FFX county doesn't need to provide your BAL level to convict you of drunk in public(DIP). You just have show signs of being drunk. Having a smell of alcohol and coming from a bathroom stall where someone just yacked is probably close enough.
Officers give out DIP's because they feel that by allowing the intoxicated person to go free they might get in a car or cause more trouble some place else. They don't want something to happen and then later get "Why the hell did the officer let that person go if they knew he was drunk? They could of prevented X from happening."
Sucks it will now be on your record for job interviews. The best thing to do is have a friend vouch for you, tell them you are calling a cab, or explain you live close by.
Edited 1 time(s). Last edit at 12/13/2009 11:03AM by Lurker..
No, i mean, she wasn't even being sarcastic. The charge in Virginia is literally Appearing To Be Intoxicated In Public. That's what you were charged with.
I hate to say it because it sucks for you, but I recommend you write the bastards a check and get on with your life. I went to court and got community service instead of convicted ($40 fine at that time) then got in an argument with Church Lady about whether or not I'd fulfilled my community service obligation and ended up telling her to get bent and going to the Town Of Blacksburg building and writing them a check for the f***ing $40 anyway.
That happened to me in college (also in VA) many years ago. I went to court, was sentenced to 15 hours of community service and the charge was dismissed.
They dismissed the charge after sucessfully completing the community service, so there is no conviction...and nothing to have to disclose to your future employers.
After meeting with my lawyer, the prosecutor agreed to let me plead guilty and then if I stayed out of trouble for a year, the charge would be dropped.
I stayed out of trouble and the charge was dropped.
I also learned not to cuss out State Troopers.
If the cop is unwilling to agree to drop the charge, get a lawyer who will work with the prosecution to see that it happens.
DIP is a misdemeanor and the case will be tried in General District Court. Unless you appeal a conviction to the Circuit Court, the records will be destroyed after 10 years.
Re: Drunk in Public question new
Posted by: did that too ()
Date: December 13, 2009 01:06PM
That happened to me in college (also in VA) many years ago. I went to court, was sentenced to 15 hours of community service and the charge was dismissed.
They dismissed the charge after sucessfully completing the community service, so there is no conviction...and nothing to have to disclose to your future employers.
DIP's in VA are the biggest f'in scam out there. you basically cant fight the charge. i got one 10 years or so ago and repeatedly asked for a breathalyzer since i wasnt drunk and they wouldnt give me one. i just paid the fine and its never caused me any problems, but if you went to court the problem you're going to have is you are underage so if you say "well i only had 1 beer' thats 1 more beer then you are legally allowed to have and that opens up another can of worms.
GMU Hokie Wrote:
-------------------------------------------------------
> I cussed out a Virginia State Trooper once.
>
> I got charged with curse and abuse.
>
> After meeting with my lawyer, the prosecutor
> agreed to let me plead guilty and then if I stayed
> out of trouble for a year, the charge would be
> dropped.
>
> I stayed out of trouble and the charge was
> dropped.
>
> I also learned not to cuss out State Troopers.
>
> If the cop is unwilling to agree to drop the
> charge, get a lawyer who will work with the
> prosecution to see that it happens.
>
> DIP is a misdemeanor and the case will be tried in
> General District Court. Unless you appeal a
> conviction to the Circuit Court, the records will
> be destroyed after 10 years.
>
>
>
>
> Re: Drunk in Public question new
> Posted by: did that too ()
> Date: December 13, 2009 01:06PM
>
> That happened to me in college (also in VA) many
> years ago. I went to court, was sentenced to 15
> hours of community service and the charge was
> dismissed.
>
> They dismissed the charge after sucessfully
> completing the community service, so there is no
> conviction...and nothing to have to disclose to
> your future employers.
>
> Good luck.
Does this apply to all misdemeanor charges or just of an alcoholic nature?
It doesn't apply to all misdemeanors. The key to getting probation before judgment is getting a lawyer. The Commonwealth Attorney's office usually won't even talk to someone who doesn't have a lawyer.
Re: Drunk in Public question new
Posted by: Bonfire ()
Date: December 13, 2009 04:49PM
Does this apply to all misdemeanor charges or just of an alcoholic nature?
I WOULD get a lawyer on this one if you really had not been drinking. Tell the Court you had H1N1 or better yet something like diabetes, if you can develop that. Doctors note/Clinic records would be good.
This cop is not going to drop your charge pre-court, but you may have a good chance of him not showing up if he knows you have a lawyer. Then the Prosecutor will say something like "do 20 hours community service"; continue the case, and when you come back it will be dropped.
Or you could pay the fine and get your record expunged in a few years, but if the cop was really being a dick, I would go to Court and plead not guilty.
carlos Wrote:
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> i got a ticket for drunk in public in west
> hollywood, what happent's when you go to court?
yeah public info does suck but more so when your putting someone else's name out that has nothing to do with this thread. I didnt tell you when this happened so you wouldn't know what day to look at to pick someones name out.
however i was more worried about whether i should prepay or just go to court and say guilty but its over now. thanks for those that tried to give some info as i was mostly clueless as what to do at the time.
I work for a law firm that can legally get most any charge off your criminal record at a very affordable price. If anyone needs my help, let me know @ m_miller240@hotmail.com
Oh yeah mike......You're such a great lawyer that you can afford a hotmail account....What's your phone number....I'll be sure to put you on my speed dial.
If "drunk in public" case dismissal based on proof of court ordered AA meetings shown to court, is this considered as a conviction on defendant's record?
The part most people leave out of their "I was arrested for DIP" is the fact that 99% of people arrested for DIP talk themselves INTO getting arrested. Go drinking, act like an ass, guess what......away you go!!! Then come onto an internet site and bitch about the big mean cops.