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CrimDefense, CriminalDefenseAtty
Category: Criminal Law
Satisfied Customers: 23487
Experience:  9+ years defending Misdemeanor and Felony cases.
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So one night at college a couple weeks ago me and my friend

Customer Question

So one night at college a couple weeks ago me and my friend were cited for underage drinking at a local sheetz around 2 am. My friend blew a 2.4 on the breathalyzer but I denied it (it was obvious I was drunk). But anyway, the cop gave us the citations, asked where I live which I said one of the dorm buildings which was about a 30 minute walk. When I asked if he was going to take us he said we had to walk. Is there anything I can use against the cop for saying we were drunk but making us walk 30 minutes home? Like negligence or anything?
Submitted: 5 months ago.
Category: Criminal Law
Expert:  CrimDefense replied 5 months ago.
Good morning. Do you mean as a defense?
Customer: replied 5 months ago.
Either as a defense or civil. I just think it was wrong that they say I was extremely intoxicated yet put me at risk walking across town
Expert:  CrimDefense replied 5 months ago.
I do understand. Since you are underage, it is not necessarily a defense to say that you were intoxicated but the officer allowed you to walk home. I say this because you were underage, so it is not a situation like someone who is 21, whereby they have to be above the legal limit. In this case, there is zero tolerance, so if the officer observed and had evidence to believe you were impaired and there was alcohol in your system, they could issue the citation. As far as a civil issue, something would have needed to happen. Had the officer let you leave and you got injured or harmed and you were intoxicated to the point where you could not function, there could be an issue
Expert:  CrimDefense replied 5 months ago.
I just wanted to follow up and see if you had any other questions or concerns. I am here to help to please just let me know
Customer: replied 5 months ago.
What do you think about saying I was high as a defense.. I refused a breathalyzer. They said my eyes were glossy and I smelled like alcohol. I was at a concert that night and could say I jus smoked weed and then got the alcohol smell from being around people at the concert?
Expert:  CrimDefense replied 5 months ago.
Saying you were high is never a good idea nor is lying under oath, so be aware of that. A drink could have been spilled on you at the concert or your eyes were glossy from something legal
Customer: replied 5 months ago.
I wouldn't be under oath I don't believe. But they couldn't do anything about it if I said I was high though right? Just thinking of ideas
Expert:  CrimDefense replied 5 months ago.
Yes, you would, if you fought this, since you would be in trial and the court would place you under oath. And no, they could not.
Expert:  CrimDefense replied 5 months ago.
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