I just got out of jail

[brandon]

I was outside of philadelphia in a town called Lansdale, PA

 

[Charles Wilson]

Pay the fine and chalk it up to the price you have to pay for living in a country that has embraced fascism.

Be smart and fight fascism with your voice and vote. Remember, what goes around eventually comes around -- the bullies should get what is coming to them sooner or later. If we all fight together then their time should come sooner rather than later.

 

[sidster]

His location is listed as Philadelphia.

Bingo!

I'm no lawyer, but if you passed the sobriety test I don't see how they were justified in holding you for any amount of time. You should see if you can find an attorney who will work on contingency.

He refused to take the breathalyzer test. He was taken in by the
officer. It seems, according to his original post, he was booked
then given a sobriety test.

Here is a run-through of events as I read OP's posts

• Asked for ID by officer
• Refused to provide ID based on constitutional rights.

As I was leaving the 711, a cop started following me. He pulled in front of me and jumped out of the car demanding ID. I told him that I am not required by law to present ID and did not want to.

• Officer asks OP if he has been drinking.
• OP offers officer "probable cause" (STUPID move)
  OP should've stuck with his constitutional rights (5th amendment) and not provided reason for officer to arrest him.

He asked me if I had beeen drinking, and I said "Yes I have had a few beers."

• Officer armed with probable cause continues

He then informed me that if I did not present ID he would assume I was under the age of 21 and have to lock me up. Not wanting any more hassle, I complied and presented my ID card.

• Here is the arrest based on probable cause

he told me that I was going to have to take a breathalyzer. I promptly informed him that I would not be taking a breathalyzer. As soon as these words left my mouth, he slammed cuffs on me and threw me in the cop car.

• OP is arrested, taken down to station, processed and booked

They then took me to the station, made me remove my shoes, socks and belt, and searched all my belongings. They took pictures of me. Then they made me perform physical sobriety tests, which I easily passed.

• Here is something interesting. They refuse to let him make a phone call. But I wonder if OP asked for his phone call and was refused or if OP didn't ask for his phone call. If it is the former, having asked for the phone call but being refused, he could make a case with this if he goes to trial

After this, I was thrown into a tiny metal cell with no clock and no windows. I was not allowed to make any phone calls to inform my friend of what happened to me. I stayed there for the next 13 hours.

• So after being held, essentially for "detox", he is let go next morning.
• The breathalyzer test in the morning is to verify that he is in fact detoxed

I did not take a breathalyzer at the time of arrest. I took a breathalyzer the next morning so I could be released, which came back as 0.00%

NOTE, I'm not a lawyer. But I see a bunch of things done wrong by OP.
The case looks really bad for him IMO.

One thing I can suggest is to educate yourself before deciding to go to
trail. Watch the two videos I posted earlier. I would also suggest you
contact your local ACLU chapter to see if they can help you out. Tell
them your story and see what they have to say or offer to you. I know
most people hate ACLU, but it is the baby and bathwater thing...

It sucks that this will go on your record. I wouldn't want something that
stupid on my record. I would want to fight it. But know all your options
and consequences of your actions before making that decision to fight
or not.

I'd be interested in hearing more about this if you do go ahead with
fighting it. I'd be rooting for you!

 

[kylejack]

Should we all write letters to or call the department?

 

[Sarge]

There might be some argument if this is still correct and the person is on a sidewalk. PA

Section 3550. Pedestrians under influence of alcohol or controlled substance.

A pedestrian who is under the influence of alcohol or any controlled substance to a degree which renders the pedestrian a hazard shall not walk or be upon a highway except on a sidewalk.

Not sure if they were still on the 711 property. Only the poster knows or a lawyer for sure.

I am not an attorney so double check the statute.

Good luck what ever you decide.

 

[bander87]

No phone call??

And what did they fine you for?

Somebody should have called the cops and reported you missing!

 

[Doktor_Jeep]

First mistake made: Talking to the police.

Never talk to police.

http://media.regent.edu/lawPreview/031408_DontTalktoPolice.wmv

 

[Mach]

If you can go to court and have the cops "probable cause" thrown out (I know ) then there goes their whole case..... anyway, if you want to dig in here is a Law Lesson, by the way, just let the video load, then you can move the cursor back and forth and read at your own speed.

UCC 1-207.4 reserves your rights

I don't want to get too Sun Tzu on you, maybe you should save up to fight another day... kinda thing. Take what happened as a personal lesson in life to use later to your advantage. I'm sorry to say , but, that Officer will get up there on the stand and instantly have 10-1 odds on you, and that's before anything even happens, he will simply get up there and say that he wanted to keep the people safe and seen you acting (fill in the blank), so it was his job to "help".... etc. etc. etc....

 

[Mongoose470]

Ok, not really jail. It was just a holding cell. Fascism is rapidly approaching....


Last night I was at a friends house drinking some beer. I had about 6 beers and was mildly intoxicated. Around 2 AM I decided to walk to the 711 to buy a hotdog. The 711 is about 50 yards from his house.

As I was leaving the 711, a cop started following me. He pulled in front of me and jumped out of the car demanding ID. I told him that I am not required by law to present ID and did not want to. He asked me if I had beeen drinking, and I said "Yes I have had a few beers." He then informed me that if I did not present ID he would assume I was under the age of 21 and have to lock me up. Not wanting any more hassle, I complied and presented my ID card.

At this point 3 more cop cars pulled up. After the cop verified that I was indeed old enough to be drinking legally, he told me that I was going to have to take a breathalyzer. I promptly informed him that I would not be taking a breathalyzer. As soon as these words left my mouth, he slammed cuffs on me and threw me in the cop car. I didnt resist the arrest, but did tell him I would fight this in court and appellate court if necessary.

They then took me to the station, made me remove my shoes, socks and belt, and searched all my belongings. They took pictures of me. Then they made me perform physical sobriety tests, which I easily passed. After this, I was thrown into a tiny metal cell with no clock and no windows. I was not allowed to make any phone calls to inform my friend of what happened to me. I stayed there for the next 13 hours.

Finally they let me out, and handed me a summary offence violation for public drunkeness with a fine of only $25.00

I am positive they gave me the smallest fine possible in hopes of dissuading me from taking this to court. If I pay the fine, it only costs me 25$. If I fight it in court, I will lose $200 from missing work to attend the trial. In addition, I might get a corrupt judge and have to appeal it to the next level.

What do I do? Where do I go from here? And most importantly, how the fuck did America become like this?

Go to Iowa City Iowa. It is fascism in every sense of the word regarding their war on alcohol. Basically the upper crust elite in the university want the downtown area to be more appealing to the university employed yuppies (I'm not making this up.) God forbid they have to encounter a boisterous imbiber (or a student) on the way to their planned Starbucks, the upscale Greek restaurant and the strip mall. The arrests the police make for PAULAS are staggering. The city pressures convenience stores to move away from the campus if they sell beer and will actively run them out. The same with the bars in the downtown area. Exit the bar to get in your cab, run like hell because you will get busted for PI on the way to the cab. Someone was even cited for a PAULA when he took his garbage out. He had one foot on public property however: PUBLIC INTOX! There was a Quicktrip in downtown IC that had a cop right at the front door every night carding everyone who walked in and for some odd reason thought everyone entering was named "Ben Drinkin."

I have to agree with the Good Doktor: Never say a word to the police.

 

[amy31416]

Go to Iowa City Iowa. It is fascism in every sense of the word regarding their war on alcohol. Basically the upper crust elite in the university want the downtown area to be more appealing to the university employed yuppies (I'm not making this up.) God forbid they have to encounter a boisterous imbiber (or a student) on the way to their planned Starbucks, the upscale Greek restaurant and the strip mall. The arrests the police make for PAULAS are staggering. The city pressures convenience stores to move away from the campus if they sell beer and will actively run them out. The same with the bars in the downtown area. Exit the bar to get in your cab, run like hell because you will get busted for PI on the way to the cab. Someone was even cited for a PAULA when he took his garbage out. He had one foot on public property however: PUBLIC INTOX! There was a Quicktrip in downtown IC that had a cop right at the front door every night carding everyone who walked in and for some odd reason thought everyone entering was named "Ben Drinkin."

I have to agree with the Good Doktor: Never say a word to the police.

That's crazy. I also got the idea from your other thread that guns are illegal there.


I know one state that I won't consider moving to.

 

[Mongoose470]

That's crazy. I also got the idea from your other thread that guns are illegal there.


I know one state that I won't consider moving to.

Regarding the guns in the other thread, I was ribbing Ozwest.

 

[syborius]

I'd talk to a lawyer. Even something as petty as public intocication will come back to screw you later.
My nephew was looking to rent an apartment and after taking his info and $70 application fee turned him down in about 5 minutes. A p.i. misdemeanor from 7 years ago led to a ding in his criminal check.
Seems like an easy scam for the apartments to me.
So just be aware that even a misdemeanor for p.i. will have repercussions when applying for an apartment or a job.

That is just F'd up. I am tired of that. The use of databases by businesses to discriminate against people has gotten completely out of control.

 

[Roxi]

if your story is word for word fact... meaning you didn't like roll your eyes, or mutter pig or oink under your breath or something, you might really have a case for the ACLU, less has been made a big deal by them...

if it isn't going to be a huge burden on you financially, I would fight it, based on principle.

you told them you would fight it, they gave you a small fine hoping you wouldn't, if you don't they are going to sit back and have a big laugh about it and maybe, just MAYBE if they have to show up in court and look like assholes they will think about that with the next person.

or MAYBE they will just continue being effing assholes

 

[Raditude]

1, Whoa, kewl, I have a friend named Branden Yates here in Shelbyville, only he spells it with an "E" instead of an "O".

2, that's a bummer. We're you acting stupid or anything? It sounds like you weren't disturbing the peace or anything, you were just getting a hotdog, why arrest you if you're still competent? Fascism at it's finest.

 

[Doktor_Jeep]

Your first mistake: YOU TALKED TO THEM.


NEVER talk to the police. You don't have to, and are not required to. Not for any reason, at any time.

Once you admitted to having beers, you were done.


AGAIN: NEVER Talk to them. Even if they give that line of crap "I am ordering you to answer me and I can arrest you if you don't obey me". Bullshit.

http://www.prisonplanet.com/articles/june2008/180608_b_talk.htm

 

[Doktor_Jeep]

You should be arrested, too.

Whoever thought of those 711 hot dogs should be arrested.

 

[Paul.Bearer.of.Injustice]

Wow.
My first reaction was to give you the $200 to fight it, but after some thought it appears you will probably lose.
You can always hope the cop doesn't show up to court.

 

[AFM]

I would have told that pig "I pay your salary, asshole. REMEMBER THAT."

 

[bander87]

What were the charges?

Is it lawful to not have a phone call?

 

[iflyboats]

You should not have volunteered that you had been drinking.