Alcohol & Drugs: MIP, MIC, Intoxication I didnt get a PBT test.

[jevans]

Okay, So I am 20 years old, and on a Friday night went out to a 18 & over club. There is also a bar inside this club. After about an hour there, I decided I wanted to go home, and walked toward the bar door ( which security stands there) and started waving to my friend to come out of the bar to go home. The security guard told me to step back, which i did, and i continued to try and get my friend out of the bar. The security flipped out on my and told me i have to leave because i wasn't following his orders. I said ok. Another security guard grabbed me and started pushing me until i got to the door, then shoved me out and slammed me against a car and called the cops. I have also heard of several incidents where the security have handled people very badly. I got arrested for disorderly conduct, and mip/mic, which the cops did NOT give a PBT test. Is that legal to charge me if they have no proof? I also have bruises all over my arms. What should I do?

 

[army judge]

You should stop drinking alcoholic beverages until you're 21.
What you describe doesn't sound at all out of order.
You most likely banged yourself up, because you were intoxicated.
If you're unhappy file an internal affairs beef with the PD.
You can also talk with a local attorney and see what one of them tell you.

 

[jharris352]

I would document your injuries by photographing them. If you truly were not drinking then they had no right to do what they did. I'm not sure where Army gets what he's thinking. He is very knowledgeable but possibly he doesn't buy that you weren't drinking. You must understand we hear it all here.

If you weren't drinking the bouncers put the club in a position of being liable for your injuries and for false accusation. If there was no breath test and you didn't have possession of alcohol you will beat the charge. Good luck.

 

[mightymoose]

The test wasn't necessary. You are under 21. Any amount of alcohol is illegal for you to consume. If you showed obvious symptoms of intoxication there was no need to test you.
The charges sound appropriate. Minimize the damage by accepting responsibility rather than looking for excuses.

 

[jharris352]

Moose/Army, do you just believe this girl is lying? Because unless she is lying these bouncers and police were dead wrong. It sounds like they got pushy with her and called the police and said she was exhibiting signs of intoxication. I would beat that charge all day long. The bouncers don't get the benefit of the doubt like policemen do. If she is lying then all bets are off, but if her story is true as told she was wronged and can easily beat the charge.

 

[mightymoose]

Who says its a girl?

No, I wouldn't go so far to say that the OP is lying... I simply said that under the circumstances a test was not necessary. I arrest people all the time for public intoxication and have yet to run a test on a single one of them. The visible symptoms and demeanor are sufficient (as well as the smell).
I highly doubt the police arrested the OP on the bouncer's accusation of intoxication. Surely they saw the same.
The OP does not deny being intoxicated.

 

[army judge]

Who says its a girl?

No, I wouldn't go so far to say that the OP is lying... I simply said that under the circumstances a test was not necessary. I arrest people all the time for public intoxication and have yet to run a test on a single one of them. The visible symptoms and demeanor are sufficient (as well as the smell).
I highly doubt the police arrested the OP on the bouncer's accusation of intoxication. Surely they saw the same.
The OP does not deny being intoxicated.

You nailed it, Moose.
The OP, like many people, think that you have to be tested to be arrested for public intox or minor in consumption.
You don't.
People opt not to blow when arrested for DUI.
Yet, many are convicted on officer observation of their driving pattern and performance of FST.
This case is a classic example of officer observation and discretion being the only prerequisites for this arrest.

JH, the stories I've heard about not drinking (or having had just ONE beer) would fill volumes.
In reality, its like eating one peanut or potato chip.
I've heard about it, just never seen it.

 

[jharris352]

JH, the stories I've heard about not drinking (or having had just ONE beer) would fill volumes. In reality, its like eating one peanut or potato chip.
I've heard about it, just never seen it.

What a great analogy.

The two of you just proved what I was saying in the other post. Although I have to throw Police in with Judges when I say it now.

You have heard so many stories that lies (or half truths) are somewhat obvious.

 

[sexysadie]

She never said anywhere in her/his original post that she WAS in fact drinking. You just jump to conclusions. Its no wonder people distrust some police officers.

 

[sexysadie]

You should stop drinking alcoholic beverages until you're 21.
What you describe doesn't sound at all out of order.
You most likely banged yourself up, because you were intoxicated.
If you're unhappy file an internal affairs beef with the PD.
You can also talk with a local attorney and see what one of them tell you.

If she wasn't drinking, it sounds incredibly out of order don't you think?

 

[CdwJava]

Okay, So I am 20 years old, and on a Friday night went out to a 18 & over club. There is also a bar inside this club. After about an hour there, I decided I wanted to go home, and walked toward the bar door ( which security stands there) and started waving to my friend to come out of the bar to go home. The security guard told me to step back, which i did, and i continued to try and get my friend out of the bar. The security flipped out on my and told me i have to leave because i wasn't following his orders. I said ok. Another security guard grabbed me and started pushing me until i got to the door, then shoved me out and slammed me against a car and called the cops. I have also heard of several incidents where the security have handled people very badly. I got arrested for disorderly conduct, and mip/mic, which the cops did NOT give a PBT test. Is that legal to charge me if they have no proof? I also have bruises all over my arms. What should I do?

Okay, then you plead "not guilty" at arraignment and hire an attorney.

At trial you force the state to articulate the case against you. Understand that if an officer or other witness testifies that they saw you possessing or consuming alcohol, the state will almost certainly win. No, they do not need a PBT or any chemical test. The odor of alcohol on your breath would do as would seeing you in the possession of an alcoholic beverage.

You can hire another attorney to evaluate a potential claim for injury against the bar's "security" people that allegedly bruised your arms. Hope that they do not have witnesses that can counter claim that you assaulted the "security" staff thus prompting their rough treatment of you.

 

[jharris352]

The reality of the situation is that if you hire an attorney it's going to get reduced to something manageable. It's a code between the prosecutors and the attorneys. "Oh you are representing so and so?" "What do you want to do with it" It keeps the attorneys in business.

 

[mightymoose]

She never said anywhere in her/his original post that she WAS in fact drinking. You just jump to conclusions. Its no wonder people distrust some police officers.

I think it is obvious why the OP left that information out. I have difficulty accepting this scenario as is without alcohol involved. I'm not jumping to conclusions, I'm reading between the lines.