Alcohol & Drugs: MIP, MIC, Intoxication Public Intoxication error On Citation.

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henry1957

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A few days ago I went out to "walk off a 40oz malt liquor. I was running using a pack and fell twice. An officer gave me a field breathalizer test. He said I blew 3 times over the legal limit. However, on the ticked he wrote "blew 0.5" from my understanding of the scale at 0.5 you are in a coma or dead. Yet as soon as he drove up to me I was up and talking to him and EMS that showed up, because when you trip onto the roadway, believe me the road wins. What are the chances of getting this simply dismissed, or even if I have to go to court and bring charts showing what happens when the victum is getting near 0.5?
 
This charge will be adjudicated in a JP Court or a Muni Court. This is a lower order offense. Don't expect a JP or Muni Court Judge to have tolerance for a "wanna be" lawyer.

Do all that you believe you should be doing.

But, expect to get convicted and be ordered to pay a fine or spend a night in some stinking jail.

This means money to the greedy gubmint.

The easiest way to make this go away is to ask for deferred adjudication. That means you plead guilty, stay outta trouble for a few weeks, pay the king his tribute, and this whole thing goes away; as in it never legally happened.
 
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Don't sweat the numbers... they mean nothing unless you were operating a vehicle, and you don't want to draw attention to how intoxicated you may have actually been.

It sounds like you received a citation and you were not taken to jail? If so you are already out of this. If you were allowed to walk away then the officer will have a hard time proving that you were in such an intoxicated state that you were a danger to yourself or others.

However, if you were taken in to sober up, expect something as mentioned above... although if it is a first offense you can probably make it all go away.
 
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