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23 year old, Active Duty Navy, arrested in Norfolk, VA after passing out in a government truck. I was robbed of my wallet and cell phone, so i laid down in my truck in a 7-11 parking lot. Police showed up a few hours later, took my robbery report, then arrested me for public intox. I did not blow, i spend 8 hours in jail, spoke with the magistrate who gave me a court date that i could waive if i paid a fine of $91. Under what conditions does a public intox stand without an actual BAC?
Did you plead guilty? That's all it takes for a conviction to stand.
sorry, i see that public intox doesnt actually need a BAC, only the evidence of being under the influence are needed, plus the fact that i obviously wasnt able to protect myself, but its not like im going to fight a dude in a bad neighborhood for my wallet, He can have it!
i said i had been drinking that night, but .. i didnt specify if it was 7 hours ago, or 1..
What I asked was, did you plead guilty. Did you?
ok, ok. If the cop asked me, 'sir are you intoxicated?' and i said 'yes'.. then it doesnt matter?
im sorry, i'm dumb. thanks for your time.. heh
You stated that you were offered the opportunity to pay a fine to resolve the charge. When you spoke to the magistrate and paid the fine, did you plead guilty to the offense of public intox?
ooh, i have not gone in yet. i have like three more weeks before court, but he said i can pay the fine before then and not go to court if i want.
Presumably the police will testify that you appeared intoxicated, with the usual list of signs - drowsy, glassy eyes, slurred speech, poor coordination, odor of intoxicants, etc. - as well as your admission that you had been drinking. That's probably enough to convince a court. There is probably also an inventory of your appearance which was taken when you checked into the jail.
If you wish to fight the charge, your lawyer can get the police report and the intake sheet from the jail, to see what they say or suggest about your level of intoxication.
i can get the report via freedom of information act? or if the officer agrees to release it to me?
You should be able to.