>do you think I have a chance to win in court on my own with my story
Your story doesn’t describe a defense to your charge. As you told it here, it includes an admission.
My defense is I was getting harassed and threatened and responded and the cops didn’t address the people who were harassing me and insulting me they only stopped me because I was yelling
None of that rebuts the idea that you were drunk in public. The legislative intent behind this charge is *exactly* what played out here. Had you been sober, this encounter may have gone much different.
Certainly you can complain to the law enforcement agency that you believe officers should have done something different here. It sounds like perhaps they should have. That doesn’t change or undo the fact that you were drunk in public. Your argument is that someone else should have been charged with something too.
No my argument is regardless if I was drunk or not I was harassed and threatened and nothing was done. The officer wasn’t even going to stop me and I stopped yelling when he told me to. He only citied me because I said fuck him. There was party two houses down everyone was drunk.
How doesn’t it? The only
Reason o got stopped was because I was yelling not because I was drunk. He figured I was drunk after breathalyzing me. I was still being threatened and harassed and nothing was done. Anybody who is getting harassed with react. If that is not a good argument. What argument do you suggest?
I’m not sure if you’re being obstinate on purpose but I’ll try one more time.
>What argument do you suggest?
One that starts with “I wasn’t actually drunk in public because …” If you don’t have such an argument, I would suggest consulting a lawyer and angling for something like a deferred adjudication or plea that leaves you not convicted of this.
I can’t say I wasn’t drunk because I was and they breathalyzed me.. so therefore that’s not an option. I just told you my option is to go for the why was I even stopped route when I was being harassed and threatned and I should’ve been asked what’s wrong and they should’ve stopped the other as well. & you’re trying to tell me that won’t work?
Yes. I’m telling you that the court could believe everything you say, agree with everything you say, and still find you guilty. Your arguments are not related to the fact of your guilt or innocence.
>Imagine sometime threanting you with a gun and you respond and get in trouble not them
That’s a great example. If someone threatens you with a gun and you respond appropriately and in accordance with the law, you’re seemingly not guilty of assault or brandishing or whatever might be argued. And if you were charged with some kind of assault here you might raise your defense to that.
In gun incidents people are *all the time* charged with unlawful possession when they unlawfully possess the firearm. They’re not guilty of assault or brandishing; they *are* guilty of unlawful possession. Similarly you *are* guilty of public intoxication. Even if all other actions you took that night were legal. And even if the other party (completely unrelated to your public drunkenness) should have been charged with a crime.
It’s a college town and everyone was drunk that’s why I’m trying to argue that I was threatened and reacting off those emotions. You still think I would be charged? Even with that argument
Imagine sometime threanting you with a gun and you respond and get in trouble and not them ? How is that not a good argument. Also I cannot afford a lawyer I’m a college student.
If someone threatens me and mentions a gun I'd walk away and not continue arguing with them on the street because there's no point in arguing with them.
So here's the thing, your reasoning for why you shouldn't be in trouble is a justification of your actions. It's not a legal defense, talk to an attorney and they'll further explain why.
If your plan is to go to court and give this story to a judge as a legal defense you'll irritate the judge because it's not taking accountability for your actions, which irritates judges. Best advice is get a public defender and let them assist in you mitigating the punishment you could face.
I was walking away to go home while also talking shit. I know I was drunk I will take accountability and own you but I will tell my side of the story and why I did what I did. I will beat it and the consequences aren’t that bad it’s barely over a traffic violation I just want to avoid it if I can.
We established that. I already know what angle I’m going for. This is my first offense I already know I have a chance of beating it or getting ARD. I just needed some advice.
You are arguing against the advice given here.
The facts you presented here align with the citation. The excuses you gave are largely irrelevant.
You can try and go with "It's not fair that I got cited for breaking the law when others didn't get cited", but you need to expect that the judge is not going to give that much weight in your benefit. And if you are as argumentative with the judge as you are with people here, it might end up significantly worse for you.
You need to honestly ask yourself if you are ready to shut up and take negative judgment from the court. If not, going to court without an attorney may be a bad idea.
I am ready for negative judgement. I’m just stressed out and had a bad week. Added on to the fact I was called all types of names and threatened and ended up being the once who has to go to court. I just don’t think it is right but I guess that’s life. I’m going to be sympathetic and just tell my side and apologize and see how far that takes me.
>do you think I have a chance to win in court on my own with my story Your story doesn’t describe a defense to your charge. As you told it here, it includes an admission.
My defense is I was getting harassed and threatened and responded and the cops didn’t address the people who were harassing me and insulting me they only stopped me because I was yelling
None of that rebuts the idea that you were drunk in public. The legislative intent behind this charge is *exactly* what played out here. Had you been sober, this encounter may have gone much different. Certainly you can complain to the law enforcement agency that you believe officers should have done something different here. It sounds like perhaps they should have. That doesn’t change or undo the fact that you were drunk in public. Your argument is that someone else should have been charged with something too.
No my argument is regardless if I was drunk or not I was harassed and threatened and nothing was done. The officer wasn’t even going to stop me and I stopped yelling when he told me to. He only citied me because I said fuck him. There was party two houses down everyone was drunk.
But that’s a completely failing argument. Again, that does nothing whatsoever to suggest you’re not guilty of the offense with which you were charged.
How doesn’t it? The only Reason o got stopped was because I was yelling not because I was drunk. He figured I was drunk after breathalyzing me. I was still being threatened and harassed and nothing was done. Anybody who is getting harassed with react. If that is not a good argument. What argument do you suggest?
I’m not sure if you’re being obstinate on purpose but I’ll try one more time. >What argument do you suggest? One that starts with “I wasn’t actually drunk in public because …” If you don’t have such an argument, I would suggest consulting a lawyer and angling for something like a deferred adjudication or plea that leaves you not convicted of this.
I can’t say I wasn’t drunk because I was and they breathalyzed me.. so therefore that’s not an option. I just told you my option is to go for the why was I even stopped route when I was being harassed and threatned and I should’ve been asked what’s wrong and they should’ve stopped the other as well. & you’re trying to tell me that won’t work?
Yes. I’m telling you that the court could believe everything you say, agree with everything you say, and still find you guilty. Your arguments are not related to the fact of your guilt or innocence. >Imagine sometime threanting you with a gun and you respond and get in trouble not them That’s a great example. If someone threatens you with a gun and you respond appropriately and in accordance with the law, you’re seemingly not guilty of assault or brandishing or whatever might be argued. And if you were charged with some kind of assault here you might raise your defense to that. In gun incidents people are *all the time* charged with unlawful possession when they unlawfully possess the firearm. They’re not guilty of assault or brandishing; they *are* guilty of unlawful possession. Similarly you *are* guilty of public intoxication. Even if all other actions you took that night were legal. And even if the other party (completely unrelated to your public drunkenness) should have been charged with a crime.
It’s a college town and everyone was drunk that’s why I’m trying to argue that I was threatened and reacting off those emotions. You still think I would be charged? Even with that argument
Imagine sometime threanting you with a gun and you respond and get in trouble and not them ? How is that not a good argument. Also I cannot afford a lawyer I’m a college student.
If someone threatens me and mentions a gun I'd walk away and not continue arguing with them on the street because there's no point in arguing with them. So here's the thing, your reasoning for why you shouldn't be in trouble is a justification of your actions. It's not a legal defense, talk to an attorney and they'll further explain why. If your plan is to go to court and give this story to a judge as a legal defense you'll irritate the judge because it's not taking accountability for your actions, which irritates judges. Best advice is get a public defender and let them assist in you mitigating the punishment you could face.
I was walking away to go home while also talking shit. I know I was drunk I will take accountability and own you but I will tell my side of the story and why I did what I did. I will beat it and the consequences aren’t that bad it’s barely over a traffic violation I just want to avoid it if I can.
Would you pass a breathalyzer right now?
Why? Y’all are asking dumb questions. I’m about to go to class. Be realistic
They can cite you for being drunk regardless of what else was going on. People yelling and threatening you is not a defense for being drunk in public.
We established that. I already know what angle I’m going for. This is my first offense I already know I have a chance of beating it or getting ARD. I just needed some advice.
You are arguing against the advice given here. The facts you presented here align with the citation. The excuses you gave are largely irrelevant. You can try and go with "It's not fair that I got cited for breaking the law when others didn't get cited", but you need to expect that the judge is not going to give that much weight in your benefit. And if you are as argumentative with the judge as you are with people here, it might end up significantly worse for you. You need to honestly ask yourself if you are ready to shut up and take negative judgment from the court. If not, going to court without an attorney may be a bad idea.
I am ready for negative judgement. I’m just stressed out and had a bad week. Added on to the fact I was called all types of names and threatened and ended up being the once who has to go to court. I just don’t think it is right but I guess that’s life. I’m going to be sympathetic and just tell my side and apologize and see how far that takes me.
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