Alcohol & Drugs: MIP, MIC, Intoxication legal advice desperately needed!

[bradleylyman]

Today I got an MIP at my school during a basketball game. I wasnt planning on attending but decided to after consuming only 1 1/2 beers. It was a big game because it was against a neighboring town for bragging rights so the gym was pakced full of friends from both school, parents, teachers, and community members. After being mirandized in the band room right next to the gym. The hand cuffed me and took me out. There were three exits to go out through. Each just as fast. But the officer, even after me politely asking to go a different way, chose to take me through the gym during a time out so that the packed crowd could see me. Including teachers, friends, and their parents making it the worst and most embarrassing moment of my life. A moment which could have been easily avoided by going a different way. He told me that it as my decisions that put my here and now i have to face the consequences. But it isnt the police's job to punish me or tell me what my consequences are. That is what the judge is for. It was clearly obvious to me and the rest of the school that he was doing this to humilate me. I was wondering if this falls under defamation of character and police harassment and if there a law suit here. Because everybody that saw me walk through that gym is going to interpret me differently and treat me differently. I have been a clean cut guy my whole life and thats how everyone knows me. Especially parents because i was raised to be polite around my elders. Having them see this is going to deplete that image and turn it into one that I dont like and is not me.

Also since I have a perfectely clean record, straight a's in school, and am involved in many community activities, do you think that this case will be dismissed. I will also be putting my head injury into the case. I recently hit a pole while inner tubing on snow which caused a severe concussion and seizures. Others have said my behvior has changed since then and i plan on using this in court. I blew a .03 bac.

 

[freebird]

There is a remedy under tort law which is "intent to cause emotional distress" and I think that this may qualify. The fact that the officer waited for a time out to take you through the gym seems like enough evidence of intent and he took you through an inconvenient route. I would get an attorney as your bad experience seems to have an issue of your needing to dismiss the charges and also a potential suit against the police force. Perhaps something could be worked out.

I wouldn't use your head injury as an excuse. It would look terrible and you and everyone else knows it's nothing but an excuse. I don't know how you were arrested and you might have a defense there.

There is no defamation of character suit because it requires that a false statement about you be "published" by the officer. He intended to humiliate you not tell people false lies about you. There are some states that have "casting in false light" causes of action although I don't think that would qualify either since you were being arrested and nothing more was done to cast you in a false light.

Originally posted by bradleylyman
Today I got an MIP at my school during a basketball game. I wasnt planning on attending but decided to after consuming only 1 1/2 beers. It was a big game because it was against a neighboring town for bragging rights so the gym was pakced full of friends from both school, parents, teachers, and community members. After being mirandized in the band room right next to the gym. The hand cuffed me and took me out. There were three exits to go out through. Each just as fast. But the officer, even after me politely asking to go a different way, chose to take me through the gym during a time out so that the packed crowd could see me. Including teachers, friends, and their parents making it the worst and most embarrassing moment of my life. A moment which could have been easily avoided by going a different way. He told me that it as my decisions that put my here and now i have to face the consequences. But it isnt the police's job to punish me or tell me what my consequences are. That is what the judge is for. It was clearly obvious to me and the rest of the school that he was doing this to humilate me. I was wondering if this falls under defamation of character and police harassment and if there a law suit here. Because everybody that saw me walk through that gym is going to interpret me differently and treat me differently. I have been a clean cut guy my whole life and thats how everyone knows me. Especially parents because i was raised to be polite around my elders. Having them see this is going to deplete that image and turn it into one that I dont like and is not me.

Also since I have a perfectely clean record, straight a's in school, and am involved in many community activities, do you think that this case will be dismissed. I will also be putting my head injury into the case. I recently hit a pole while inner tubing on snow which caused a severe concussion and seizures. Others have said my behvior has changed since then and i plan on using this in court. I blew a .03 bac.