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  1. #1

    Default Public Intoxication

    My question involves criminal law for the state of: Georgia

    I was at a college football game and upon entering the stadium a cop stops me and states, "I remember you!" He continued to talk about an incident that happened about 7 years ago when I was a freshmen in College. I ignored the statement and we took our seats.

    I was with a group of friends. We were in the student section of the stadium where it is common practice to stand up on the bleachers for the entire game. While standing on the bleaches my friends thought it would be funny to keep pulling on my shirt and making me step off the bleacher backwards.

    The same cop comes up to me and says, "Easy way or hard way." After explaining himself I said I thought it was gay he was kicking me out but I will leave.

    About 5 feet from the gate I turned around and extended my arm to shake his hand. I stated, "I apologize, I know you were just doing your job." He pushes me and said leave. I repeated myself one more time but before I could finish he arrested me for Public Intoxication.

    Upon reading the Incident Report it stated that I was yelling obscenities. My question for you guys is, How can they prove I was yelling anything (since there were 15,000 other students around me yelling as well) unless that cop targeted me from the beginning because he recognized me. If so is it legal for a cop to zero in on one person?

    I was about 5 rows down from where the cop was standing so he must have been paying close attention. He waited till the exact moment my Fiance left to go to the bathroom to come down and confront me.

    I don't want to pay for a lawyer simply because I am getting married and don't want to spend the money.

    I found a lot of pictures of this cop on Facebook drinking and quotes from him bragging publicly that he arrested someone and it was a great night. He also drops the f bomb a lot on his public site.

    Can I use that information plus my two eye witness statements from the people standing right next to me to prove that there is reasonable doubt that I did what this cop said I did?

    Any help is appreciated!
    Thanks-

  2. #2
    Join Date
    Sep 2005
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    Default Re: Public Intoxication

    You're charged with public intoxication, not swearing. The issue is thus whether or not you were intoxicated in public, regardless of what you did or did not say.

  3. #3
    Join Date
    Mar 2007
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    9,096

    Default Re: Public Intoxication

    The "but the cop drinks too and uses naughty words on Facebook" defense rarely works.

  4. #4
    Join Date
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    California
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    666

    Default Re: Public Intoxication

    Quote Quoting gsueagle2424
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    I was at a college football game and upon entering the stadium a cop stops me and states, "I remember you!" He continued to talk about an incident that happened about 7 years ago when I was a freshmen in College. I ignored the statement and we took our seats.

    I found a lot of pictures of this cop on Facebook drinking and quotes from him bragging publicly that he arrested someone and it was a great night. He also drops the f bomb a lot on his public site.

    Can I use that information plus my two eye witness statements from the people standing right next to me to prove that there is reasonable doubt that I did what this cop said I did?

    Any help is appreciated!
    Thanks-
    If it happened the way you say and your judgement/memory isn't clouded by what you had to drink, it does sound like this police officer targeted you. Sadly, regardless what our Constitution says, a police officer's testimony is usually given more weight than a citizen, particularly when the citizen is accused of drinking. That works against you.

    What works in your favor: (1) You don't mention that they took any blood alcohol test. That would mean they can not prove your blood alcohol level. (2) I think the police officer telling you that he remembered you (from 7 years ago) the details of that incident must be smoking! is relevant because it goes to whether he decided to target you.

    Other issues: Can your friends testify that they didn't feel you were drunk? Can they testify that you were not shouting obscenities? (I'm guessing the answers to both of these might be "no"). So, you'd need to focus on what they would testify to; probably that you were no different than 50,000 other screaming fans. You pretty much should have an attorney to determine how to present their testimony after interviewing them.

    The police officer's Facebook posts definitely sound inappropriate. Depending on what is there, it could be a problem for him. It is definitely poor judgment for a police office to post the things you have said are there.

    So, assuming your post is an accurate statement of what actually occurred, I recommend (1) fight it based on the discussion above; this might be one that he just won't show up for court - reasonable doubt abounds. (2) file a complaint with the police department (IA) regarding his statement that he remembers you from 7 years ago and his inappropriate posts on Facebook.

    Whatever you do, good luck and most important have a happy marriage; the wedding is only the first day (and to most women the most important day until they get about 20 years into it).

  5. #5

    Default Re: Public Intoxication

    Thank you for your posts it really helps.

    I am pretty good friends with the assistant DA for the area. I told her the situation gave her the police report and my eye witness reports and she even said "It was clear you were targeted."

    The only problem is she is to high up and doesn't work with the solicitor much. I was thinking of taking her email to the Solicitor that morning. If nothing else it might look good that I know her.

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