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Public Intox Oklahoma

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  • Public Intox Oklahoma

    If this is in the wrong forum, my apologies.

    Lawton, OK
    Me and my girlfriend were coming home from a party at about 3 am. She is prego so she was not drinking. I had been, plus I have a suspended license thanks to some breathalyzer issues from a APC case I got charged with back in July. Regardless, we got pulled over.

    She had warrants, so they of course, cuffed her and carted her away. When we got pulled over I vaguely remember her saying she was driving because I was drunk. I was just waking up, so I am not sure what was said.

    After taking her away and running my license, I was asked to step out of the car. No reasons were given. Having been in plenty of trouble, I know better than to not do what a cop says. So I stepped out. The officer told me to put my hands behind my back he was arresting me for public intox.

    Normally I would just take this on the chin and pay the fine, done deal no big problem. I am on probation though, which specifically says I can not even so much as drink, much less get arrested for it.

    I pled not guilty and was released on a OR bond.
    Is this worth fighting? I asked the officer when we were waiting on the wrecker how he knew I was drunk, and he said he could smell alcohol on my person or something to that effect. But he did not run any sort of test to prove it. The only leg I have to stand on is that. The fact he did not test me, and thus just assumed I was drunk. For all he knows I could have spilled alcohol on myself and that is what he was smelling.

    Do I have a case? Is it worth it?

    Thanks in advance!

  • #2
    Based on you past/total history, you might want to talk to an attorney. Your gf is probably
    going to want an attorney also.
    Last edited by Betty3; 11-20-2010, 08:01 PM.
    Too often we underestimate the power of a touch, a smile, a kind word, a listening ear, an honest compliment, or the smallest act of caring, all of which have the potential to turn a life around. Leo Buscaglia

    Live in peace with animals. Animals bring love to our hearts and warmth to our souls.

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    • #3
      Das ist in der Doktor!

      That leg you’re trying to stand on is pretty hollow,
      but worth a shot.
      Good luck.

      .._________________________
      ~ Helping rid the world of stupidity,
      …starting with my own.

      Comment

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