Anyone know a pretty good lawyer that is cheap? I got this bullshit drunk in public charge. Wasn't read my rights or even breathalyzed, so I was going to try and fight it. Get that shit off my record.

Thanks guys.

You're going to pay more for a lawyer than you would for a ticket. Just pay the fine, it's only a misdemeanor.

true that, but I would like to have my record just cleared. I guess I can go to court and ask the judge myself about that and see if they will clear it and I'll pay the fine. I was reading somewhere that the judge will expunge it for job related reasons and things of that nature.

thanks for responding though

cameljockey Wrote:
-------------------------------------------------------
> true that, but I would like to have my record just
> cleared. I guess I can go to court and ask the
> judge myself about that and see if they will clear
> it and I'll pay the fine. I was reading somewhere
> that the judge will expunge it for job related
> reasons and things of that nature.
>
> thanks for responding though


"job related reasons" WTF???? If you can't hold your liquor, they'll all know about halfway through the company Xmas party anyway!

Next time...when the cop says STFU....SHUT THE FUCK UP!

You watch too much TV and rely too much on the advice of your drunk friends. They don't have to "read you your rights" on a drunk in public charge and they don't have to give you a breathalizer.

"Miranda" only applies to custodial interrogations, not just the fact that you were arrested. I'm certain you gave the officer quite enough to arrest upon without them interrogating you.

Why would they give you a breathalizer? Unlike driving, there is no "legal limit" for being drunk in public so even with a breath result it wouldn't matter anyway.

The key to that charge is "appearing" intoxicated. By "appearing" the officer likely took into account your demeanor (which was most likely rude and obnoxious), your appearance, perhaps your coordination, and any odor of an alcoholic beverage to name a few.

Isn't the charge actually called "drunk and disorderly"? Don't most people actually get booked because of the "disorderly" part?

You do not have to even be drunk under the code, just appear to be drunk. In ohter words the smell of alcholic beverage on your breath and acting like an idiot is enough.

Best bet is if you have no prior record and you didnt give the cop a hard time is to show up in court. Beg the judge to let you do a suspended sentence of maybe six months as long as you behave the charge would be dropped.

Cops usually dont go looking for charges like this unless you were causing a scene or about to start a fight.

REStonpeace, Drunk in public (county code 5-1-1) and disorderly conduct are two separate charges and one does not require the other.

I was just standing there talking to my friend. Wasn't causing a scene or anything, we were just waiting to be picked up. Cop came over to me and asked me if I had been drinking and I said yes. Then he asked me to do a sobriety test, which I did flawlessly. Then he asked me to turn around and put my hands behind my back and I complied. Then he put me in the back of his car and took me to the station.

I'm sure there is more to then story then that.