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Lucy, Esq.
Lucy, Esq., Lawyer
Category: Criminal Law
Satisfied Customers: 27664
Experience:  Criminal Justice Degree, JD with Criminal Law Concentration. Worked for the DA and U.S. Attorney.
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I didn't ask any questions -- but I got ticket

Customer Question

I didn't ask any questions -- but I got ticket for public intoxication and pleaded not guilty -- I was walking back from the Angels game and only had one beer while at game at about 7pm I was detained on the side of the road after walking 3 miles -- no
alcohol for the past three hours --cop stopped me cuz I had my shirt off due to the humidity that evening I was not given any type of sobriety testing or nothing not searched or nothing -- the cop was wearing a bullit proff vest and was mad at me for having
my shirt off at ten pm. I took it off to wipe the sweat off my face ----they have no evidence I told them I had one beer at game in the 3rd inning the beer is very expensive and I don't waste money -- I also ate a sausage grinder so there was no way I was
intoxicated 3 hours later especially after walking 3 miles as there was no buses back home home
Submitted: 1 year ago.
Category: Criminal Law
Expert:  Lucy, Esq. replied 1 year ago.

Hi,

I'm Lucy, and I'd be happy to answer your questions today. I'm sorry to hear that this happened.

If you pleaded not guilty, they have to give you a trial. At trial, they'll have to prove beyond a reasonable doubt that you were intoxicated when the officer stopped you. Without a breathalyzer or failed field sobriety tests, they're already coming up short on proof. The officer will testify as to what he saw and why he felt you were drunk. If he doesn't show up, ask them to dismiss the case, and you'll fine. If he is there, you can ask him questions about why he stopped you and try to prove that he didn't really have any reason to think you were drinking.

Then, you have the option to take the stand yourself. You can testify to the one beer you had hours earlier and explain or dispute anything the officer said when he testified. If you had friends at the game with you, they can take the stand to testify as to whether you were drinking at the game or if you appeared drunk when you left. With any luck, you'll be found not guilty.

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