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loneranger · 12-01-2010, 07:31 AM

OK, so I was arrested for public intox (not really but for simplicity let's just say it's me). Anyway obviously I am worried about anything on my record (although only a misdemeanor here in OK). Also, "ticket" or whatever is $140. So here are my questions...oh by the way I will NOT have a lawyer. Court-appointed not available, pro-bono not available, and I can't afford one, so NO ATTORNEY:

1. How common is it for someone to get acquitted of public intox if they argue that they were not drunk, or rather that the prosecution can't prove that they were drunk? (no breathalyzer is required for intox) In other words, while the arrest may have been proper (some police arrest to for public intox for arguing with them), you can't really prosecute on the merits of the case?

2. How common is it or what would the chance be of me getting a reduced fine if I ask for mercy and mention financial hardship would be suffered?

3. How common is it or what are the chances that I could get deferred adjudication or withhold of adjudication if I call up the prosecutor or if I bring it up in court?

4. How can I possibly get it expunged later on? What steps do I need to take now in order to ensure that it is possible to get it expunged later on? (There is a previous DUI a few years back by the way)

5. Is a diversion program/deferred disposition possible?

6. Without a lawyer, I'm just toast aren't I?

http://ocdw.com/engine/emw.exe/*qsho...20Intoxication

^ This guy had WITNESSES and he STILL got convicted. Only on APPEAL did he get acquitted. I've read about lower courts doing crap like this before. They just rubber-stamp convictions with traffic and stuff like this. We just can't afford a lawyer, so any advice? Just pay the fine? A lot of questions, I know, but I would appreciate if anyone could answer one or two of the questions.

atlcomedy · 12-01-2010, 07:42 AM

This is one that varies GREATLY by jurisdiction on just about every one of the questions you raise.

loneranger · 12-01-2010, 08:15 AM

It's ok. ANY leads would be helpful. Any stories etc regardless of jurisdiction would help.

anova444 · 12-01-2010, 08:58 AM

I got one in uptown. I showed up for court, they checked the officers history and learned that he was crazy about handing PI's out, so they threw mine out. I didn't have to explain anything.

Capt. Lincoln F. Stern · 12-01-2010, 10:15 AM

Problem with PI is its your word against the cops and if he took you downtown, he should have gotten a test done. If not, his word may not suffice.

anova444 · 12-01-2010, 10:35 AM

That's what happened to me. No test was done.

ShysterJon · 12-01-2010, 11:08 AM

I'm with altcomedy. Your questions need to be answered by an attorney who practices where you got the charge. Stories about what may have happened to another person in another city have nothing whatsoever to do with your case.

Are you SURE you can't afford a lawyer? Hell, in Dallas there are a number of lawyers who'll do a city ticket for $50. Go down to your local court and tag one.

anova444 · 12-01-2010, 12:52 PM

Quote:

Originally Posted by ShysterJon

I'm with altcomedy. Your questions need to be answered by an attorney who practices where you got the charge. Stories about what may have happened to another person in another city have nothing whatsoever to do with your case.

Are you SURE you can't afford a lawyer? Hell, in Dallas there are a number of lawyers who'll do a city ticket for $50. Go down to your local court and tag one.

I consulted with an attorney and he gave me no real answers, even when I met him in his office. I went with my gut, asked for a court date and showed up. They threw it out.

loneranger · 12-01-2010, 01:03 PM

Thanks guys. Thank you anova I would've never though of looking at the officer's records. It happened in Oklahoma, so I wish I could find an attorney for $50 but I don't think I can. I'm toast.

anova444 · 12-01-2010, 01:07 PM

Quote:

Originally Posted by loneranger

Thanks guys. Thank you anova I would've never though of looking at the officer's records. It happened in Oklahoma, so I wish I could find an attorney for $50 but I don't think I can. I'm toast.

You're not toast. Just ask for a court date and give your account of the incident. You should be fine. If the judge feels that you need an attorney, he/she will give you a new court date and in doing so, will give you a chance to find an attorney. Keep your chin up. Staying positive, and realistic about it is a BIG part of the battle.
Honestly, I was scared to death too. Even cried the morning of the court date. I did exactly what I said I did and every thing was fine. They didn't check my passed record. They just threw it out. Some times just showing up to court does wonders. Don't even think about toast. Just ask for a court date and show up.

oxo,
Analisa

loneranger · 12-01-2010, 01:43 PM

^ Thanks. I will keep my chin up. You court seemed really nice though. The courts I have been on have never been defendant friendly. Some courts for example won't automatically dismiss a case even when the officer(s) don't show up to court. One time I got a ticket and the judge allowed his coworker (who was AROUND but didn't see what happened) to testify. He based his testimony on what his buddy told him had happened.

Anybody know what it's called when I want to move to dismiss because I can't cross-examine the witness? That's another hope I have I guess, that the officer won't show up. I guess I'll just say that. I SHOULD have a right to cross examine the witness right? I hope that doesn't depend on jurisdiction.

51MEANTXGUNS50 · 12-01-2010, 03:04 PM

Hey man, I'm also from TX and I've been held over night a few times for PI myself, so you know, it's a Class C misdemeanor, which is basically the lowest and pettiest crime, in fact it's not even a jailable offense, it's just a citation. And depending on your record, you can actually get it taken off. Before you pay the fine, tell the clerk that you would like to schedule a meeting with the local judge and say you realize you committed a crime and you're willing to pay the piper (which is just gonna be a fine) but just don't want it on your record. I did something similiar about two years ago and they still made me pay the fine, but said that if I didn't get arrested for any alcohol related offenses they'd dismiss the charges. Did what I had to and bada bing bada boom, I'm still clean on paper. Hope this helps man.

loneranger · 12-01-2010, 03:47 PM

Thanks 51. Schedule a meeting with the judge? Wow, I didn't know I could do that. Oh it actually happened in Oklahoma and here it is a jailable offense (up to 30 days).

Nope just called clerk. She sounded slightly shocked. Maybe I didn't word it correctly? I said "schedule a meeting"...she said "Oh, no you CAN'T do THAT." hehe Maybe she thought I was a hitman.

I then brought up meeting with the prosecutor. She said I could TRY but she normally just meets with people in court.

It's s small suburb. You'd think they'd be more friendly.

51MEANTXGUNS50 · 12-01-2010, 04:19 PM

Quote:

Originally Posted by loneranger

Thanks 51. Schedule a meeting with the judge? Wow, I didn't know I could do that. Oh it actually happened in Oklahoma and here it is a jailable offense (up to 30 days).

Nope just called clerk. She sounded slightly shocked. Maybe I didn't word it correctly? I said "schedule a meeting"...she said "Oh, no you CAN'T do THAT." hehe Maybe she thought I was a hitman.

I then brought up meeting with the prosecutor. She said I could TRY but she normally just meets with people in court.

It's s small suburb. You'd think they'd be more friendly.

Oh, my bad, I didn't catch that it was in OK. Well I don't know then. You obviously want to go for ajudicated probation, and you do in fact need an atty for that. I never knew PI was jailable offense at all. Usually just a citation. Well if all else fails you can just roll with the punches, deal with whatever they throw at you, then pay to have it expunged, most misdemeanors are fairly cheap to have expunged. And if you don't feel like shelling out in probation/legal fees, you could always just skip your court date and avoid getting hooked on a warrant before the statute of limitations for your crime is up, lol just clowning man. Chin up though man, depending on your age, priors, how well you do for yourself, and legal representation, they're bound to take it easy on you.

sky_wire · 12-01-2010, 04:37 PM

Ok, if an attorney is OUT of the question, you might want to consider this.

See if your state has an open records statute.

Make an open records request for the police department’s guidelines on how to determine whether someone should be arrested or cited for public intoxication.

Make an open records request for the arresting officer’s personnel file. They’ll fight this. Argue that it’s necessary to determine whether the arresting officer has the education, experience, and training to assess whether someone is publicly intoxicated.

Make an open records request for any information on whether the police department has any type of quota system for making arrests or issuing citations on minor misdemeanors such as public intoxication.

If the state fights these requests, ask the court to continue your case while you fight for this information, which is necessary for an effective defense.

They may just decide it’s not worth the trouble and blow off a court date, wherein you would move for a dismissal.

Good luck.