Got a public intoxication last night, best way to go about getting it dismissed?

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Old 01-02-2010, 10:13 PM
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you will prob have to go to court and then time served will be assesed. you may have to pay for the court cost and a little extra but thats about it. jail rate in sm is 100 or so a day
Old 01-02-2010, 10:24 PM
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Yeah, I don't think $100 a day is worth it to me. Thats like $4 on hour .

Either way, that was my first time being in jail. And even though it was for a short time, I never want to go again. Time moved by so MF slow. And for the first hour I was pretty talkative with everyone. But everyone seemed to be drunk or high, so all the BS talking got old pretty damn quick.
Old 01-03-2010, 01:45 AM
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by definition no contest means you cannot hire an attorney, period. you can file a suit against the city for not reading rights or anything but its really the cops words against yours. the cop is considered an expert witness, so the chances of you winning that are slim to none, especially if you were convicted of PI lol. they might have a small fee for PI, but they usually just throw ya in the drunk tank. maybe it was for mouthing off to the cop? i dunno. and yes, the going rate for jail time is 100 for every 24 hrs
Old 01-03-2010, 02:42 AM
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Well hopefully I can get deferred still.
Old 01-04-2010, 11:55 AM
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I dont understand either. I went in that night and saw the judge the next morning, friends came and payed to gert me out after that. That was the end of it.
Old 01-04-2010, 01:01 PM
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Originally Posted by Donohue96M6Z28
Yeah we got breakfast at about 6am. 2 old biscuits, gravy, oatmeal, and a kiddie size coffee. I had two bites of the gravy and decided not to eat anymore lmao.
Damn and all i was offered on my night in paradise was the saddest looking honey bun i have ever seen
Old 01-04-2010, 03:49 PM
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Originally Posted by 99problemz
Damn and all i was offered on my night in paradise was the saddest looking honey bun i have ever seen
"hunny bun"? Is that what you called him??? HAHAHAA!!!
Old 01-04-2010, 04:54 PM
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pi is guilty as sinned!! hahaha lol,this is awsome!
Old 01-04-2010, 06:09 PM
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99problemz... I would have taken a honey bun(THE FOOD) over the slop I got.

Also, I spoke with another lawyer today. He said that the only options on that form are guilty and no contest. He said I had 10 days to change it. And that he could get me deferred for $150, and then I'd just pay some fines with the city. I'm meeting up with him tomorrow at 11am.
Old 01-04-2010, 07:53 PM
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Damn that sucks. I haven't had to many problems with the San Marcos cops but I am sure one of these days they will get me on the square. What Bar where you at? Luckily that damn TV show is gone that would suck to be recorded. I would have turned into the biggest ******** if they were there.
Old 01-04-2010, 08:29 PM
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Originally Posted by gun4hire
"hunny bun"? Is that what you called him??? HAHAHAA!!!
**** that was funny.
Old 01-04-2010, 11:46 PM
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Originally Posted by gun4hire
"hunny bun"? Is that what you called him??? HAHAHAA!!!
I was cold and far from sober ok, give me a break

Last edited by 99problemz; 01-05-2010 at 12:59 AM.
Old 01-07-2010, 08:31 AM
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Have you heard anything else? Did you change your plea?

Originally Posted by Donohue96M6Z28
No sobriety tests were given(i was hoping they would though), and I don't think I was told my rights.
Standard field sobriety tasks are not required for any arrest, but do help show that someone is impaired to a degree that they are not capable of operating a vehicle. For PI, there is no need to show that. So sobriety tasks are not part of PI.

And no one has to read you the Miranda Rights, ever, unless they have placed you under arrest and are asking incriminating questions directly related to the crime you are arrested for. For a PI I can't really think of anything they would need to Mirandize you for.

Originally Posted by Jake_the_Snake
you can file a suit against the city for not reading rights or anything but its really the cops words against yours.
This is absolutely 100% incorrect. Hundreds of people are arrested daily without ever being read their rights and it is perfectly legal.

Originally Posted by zero2sixT

Don't get a lawyer. A class C misdemeanor doesn't come up on background checks.
Not true. Class C arrests do appear in criminal background checks. 3 convictions for PI becomes a Class B Misdemeanor. The only way to know that someone has 3 convictions for PI, is to check their criminal history and it will be right there. Both the arrest and conviction or other court disposition.
Old 01-07-2010, 01:03 PM
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Originally Posted by 1sickz28
you go to skool in san marcos right?

maybe youll come out on campus pd lolol
skool? Hmmm...maybe you need to go back.
Old 01-07-2010, 01:05 PM
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Originally Posted by TPRDFW
been there done that. 7 times
You sound proud of that accomplishment.
Old 01-07-2010, 01:21 PM
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Originally Posted by LS1nterceptor
This is absolutely 100% incorrect. Hundreds of people are arrested daily without ever being read their rights and it is perfectly legal.
I don't believe that is true.. I've heard of people actually getting charges dropped because they didn't have their rights read to them..
Old 01-07-2010, 01:33 PM
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Originally Posted by Slvr00Bird
I don't believe that is true.. I've heard of people actually getting charges dropped because they didn't have their rights read to them..
Wrong. They may have told you that, but your statement isn't true. Just like LS1 stated, Miranda Rights are for asking someone incriminating questions AFTER the arrest. If the officer asks questions and did not read Miranda, then the answers could be suppressed. The actual violation of law (elements of crime committed) still stands. Not being read Miranda is NOT a "Get Out Of Jail Free" card.

I can ask you questions about a crime all day long without Miranda, but the moment I tell you, "You are under arrest." or place you in handcuffs, I am then required to read Miranda Warnings to you before asking further questions in regards to the crime you are under arrest for. If I fail to do so, your incriminating statements will be inadmissable.
Old 01-07-2010, 01:42 PM
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Originally Posted by Donohue96M6Z28
I'm beginning to think since I said no contest, that I can't "fight" it...

I saw this on a lawyers website though...

"To prove you guilty of public intoxication, a prosecutor must prove beyond a reasonable doubt that you were intoxicated to the degree that you were a danger to yourself or to another. "
That will be accomplished when the cop testifies about your behavior and what you said to him (i.e. you were drunk and causing a disturbance). i.e. No reasonable person could expect that you were sober and conscious of your actions based on his testimony.
Old 01-07-2010, 02:21 PM
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You pay a fine, because you were issued a citation. Your time in jail doesn't go towards ****. If you're drunk, the police can detain you until you sober up.

Pay the fine and don't mouth off to cops. This isn't rocket science.
Old 01-07-2010, 02:44 PM
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Get the police report and talk to the DA. He will probably work a deal with you without even going to the judge.


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