Alcohol & Drugs: MIP, MIC, Intoxication public intox that i plead not guilty to

[meghanb84]

26 year old female, college grad working 2 jobs and taking an additional class. One prior DUI arrest on my record from yrs ago. Was taking a cab home after having some drinks after work celebrating a Steelers win. (.18 worth according to a breathalyzer used by city cop) I was in a cab doing the responsible thing.. about a half mile not even from home and I told the cab driver that he would have to wait in my driveway because I didn't have enough cash on me, while I ran in and got more. He called the cops and pulled over in a neighborhood, ordered me out of his cab, told the cops i "stiffed" him a few weeks back (which i NEVER did, I didnt even take a cab a few weeks prior to this happening!!!) I live in an area that is near a college and apparently a lot of the college students try to pay him with beer tokens, etc. maybe he was having a bad night. but i only owed him a FEW dollars more. I was givin a yellow citation paper, 1 for public intox, the other for "theft of services" (this looked GREAT in the local newspaper considering my small town and my parents being elem. school teachers) I went to the cab company the next day and gave the dispatcher the remaining FEW dollars he wrote me a receipt. I then called the city police and the desk duty officer somewhat laughed about it and said just take the receipt to the magistrate when i get my hearing notice and it will be dismissed. (my parents plan on seeing that this driver loses his job once this is all over with) I do NOT want this on my background check record as I am trying to get a good job in the medical field and move away. I am planning on hiring a good crim defense attny for this who my friend works for. any advice would be great! I just dont understand how I am being charged with public intox when i wasnt technically in a public place or causing any sort of scene!!!

 

[army judge]

You're harming your own defense.
STOP talking about this and tipping your hand to anyone that you get to listen to you.
Hire an attorney and speak only to your attorney.
Paying the cab company didn't help your case from a legal standpoint.
Hire a lawyer, stop talking, and do as your lawyer directs.

 

[mightymoose]

Technically, you were in a public place- however the fact that you were there and had recently been drinking does not mean you had done anything illegal. The public intox law has more to do with your ability to care for yourself or others. Were you in a drunken stupor and stumbling down the middle of the road? Were you starting fights? It doesn't sound like it.
The breath test means nothing here. If you were at .30 and could manage to not be a danger to yourself or others, then you wouldn't be guilty of the offense.
As you describe it, it sounds like this will all get dismissed. I'm not sure you have much of an argument to make against the cab driver. You informed him that you did not have enough money to pay and he promptly dropped you off. That seems pretty reasonable. To prove theft of services they will have to prove that you had intent to do so.
I would be more upset about the officer citing me for two violations which it sounds like he probably shouldn't have.