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Ask LegalKnowledge Your Own Question
LegalKnowledge
LegalKnowledge, Attorney
Category: Legal
Satisfied Customers: 24899
Experience:  10+ years handling Legal, Real Estate, Criminal Law, Family Law, Traffic matters.
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I was walking home at 2:30 am from a friends house. We had

Customer Question

I was walking home at 2:30 am from a friends house. We had a few drinks and I got lost. I was scared so I called 911. The state police and they came and took me home. They did not test me for anything, but they sent me a $294.00 fine for public drunkeness.On the fine paper they sent me, they had me listed as a male. I am a female.Should I fight this, as I have no money for an attorney?
Submitted: 1 year ago.
Category: Legal
Expert:  LegalKnowledge replied 1 year ago.
Hi! I will be the professional that will be helping you today. I look forward to providing you with information to help solve your problem.
Good morning. I certainly understand the situation and your concern. Is there anything on the citation which describes your condition at the time? Also, is your name and DOB right?
Customer: replied 1 year ago.
The defendant did in a public place manifestly under the influence of alcohol or a controlled substance to the degree that she may endanger herself or others.Towit;the defendent did walk on Sandhill Rd.and fall down in the middle of the road while intoxicated.
Expert:  LegalKnowledge replied 1 year ago.
Thank you for the additional information. Since the officer did not conduct any type of breath test, the alleged intoxication will be proven and shown by the observations of the officer. If they smelled a strong odor of an alcoholic beverage on your breath, you had glassy eyes and a flushed face and slurred speech, that may be enough, paired with the fall, to how intoxication. If they is the case and you do not have a defense or explanation, then it may not be in your best interest to fight this. However, if you request a court date, you can see if they can offer a diversion program, that could result in this case being dismissed.
Customer: replied 1 year ago.
RE:CRYSTAL The road was a country road right next to a cows pasture. They told me to back up at which time I fell in on a hump. They have the name, birthdate right but have me listed as a male.
Expert:  LegalKnowledge replied 1 year ago.
If the fall was a result of tripping over a hump, which you could not see because of the poor lighting, then you could attack this observation about the fall. Now, even though it is marked as a male, it is an error and they have your correct name and DOB to identify you, so this would not be a legal basis to dismiss the case.
Customer: replied 1 year ago.
There were no lights that they could see if I had glassy eyes or flushed face.
Customer: replied 1 year ago.
Victims name society! Oh good grief!
Expert:  LegalKnowledge replied 1 year ago.
That would also be favorable. If there were no lights, then they would have to rely on your speech and even if they smelled alcohol, there is no way of knowing the amount of drinks you had and if you were intoxicated. These are all things you want to attack if you fight this at trial, showing the Officer did not properly observe you and there is no basis to allege what they did.
Customer: replied 1 year ago.
Wouldn't I need a lawyer?
Expert:  LegalKnowledge replied 1 year ago.
Ideally, Yes, you would want one but you shared that you can not afford one so you would have to defend yourself.
Customer: replied 1 year ago.
Shoould she just go before a judge and quote what you said?
Expert:  LegalKnowledge replied 1 year ago.
It is more complicated then that. She can request a trial and cross examine the Officer and share her version of what happened. The burden is on the State, to prove the allegation beyond a reasonable doubt but this does take more then just quoting someone.