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Ask wallstreetesq Your Own Question
wallstreetesq, Lawyer
Category: Criminal Law
Satisfied Customers: 17223
Experience:  10 years Experience, have tried several high profile felony cases and misdemeanors
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I went to a bar with some friends and Did NOT have a car there.

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I went to a bar with some friends and Did NOT have a car there. When we went to leave the police were out front with the person I went with in the back of the car because he was passed out in his truck with it running. His wife had her keys in her hand and he asked her if she planned of driving out of there because she was obviously drunk. She said no. She told him I was her DD. I told him I was not the DD and was going to go find a ride home. I went back in the bar and tried to call a cab. I could not get one and my husband came in and told me the officer had ordered him in to get me and had 30 seconds to get back. I went back outside and he asked if I had found a ride. I said no that I had only called 1 person. I would try another. He asked how many drinks I had had. I told him I did not know. He then said. "I've had enough of this. Im taking you in for Public intox." All four of us were arrested. I asked for a breath test and was refused. How do I get out of this?
plead not guilty, if their is no evidence of you being intoxicated, the case will have to be dismissed, the officer could not prove you were intoxicated, if he has no breath test, also the others should all plead not guilty and force the officer to prove you all were intoxicated, the officer will not be able to, and the case should be dismissed.
Customer: replied 7 years ago.
the officer said in the state of ms. he does not need proof. just smell alcohol on me in the presence of 2 people. Thats why he didnt have to give me a breath test or a blood test and I asked twice for both. and the exit officer at the jail said no one even goes to court because we already paid the fine and with the law written the way it is its my work against his.
plead not guilty, MS is a very strict state, and the law is actually cray but they are not criminal charges but indecency tickets, I would advise you to plead not guilty, and force the officer to prove he smelled the alcohol on each of your friends, if you did not admit to drinking let him prove the smell came from you not the others.
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