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Joined: Mar 2003
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OP
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Joined: Mar 2003
Posts: 712 |
So i was arrested for "disorderly conduct" friday when leaving a party at a friends house near campus. Here's the complete true story. I was drinking. Heavily. I was however very in control, not stumbling slurring drunk, but drunk nonetheless. I went to leave to go back to my house, about 4 houses down. When i walked off the porch (with a red cup of beer in my hand) an older fellow wearing normal clothes starts coming towards me, i dump my drink on the ground and he grabs my arm, pulls me by my friends parked car and says stay here. I immeadiately think yeah right, and start walking away. However, i was quickly grabbed by another undercover cop, but this one had her badge out. I was cuffed and thrown in the police van. 45 minutes later they let me out, uncuff me and give me a summons to appear in court on friday (today)
The paper says "Brett was asked for I.D. from DPS (assuimng thats undercover cop) when brett was placed at position he pulled away and attempted to leave party."
I was never asked for ID, and the first guy did not ever say he was a cop.
any ideas on how i plead
if i say no contest. then i just take what they give me and get it over with
or do i plead innocent and try to bargain with the prosecuter (sp?)
there is nothing currently on my record
1998.5 Diamond White Pearl SVT (#4725)
custom exhaust/intake k&N/mod'ed y-pipe
slotted rotors/greenstuff pads/SS lines
cougar trans/FSVT shift tower/Torsen
16lb. flywheel
18" Velox VX-8's with some rubba bands
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Joined: Jan 2001
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Hard-core CEG\'er
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Hard-core CEG\'er
Joined: Jan 2001
Posts: 1,889 |
State your case in a respectful way and let the chips fall where they may. Tell the judge that the first individual(important: don't say officer) didn't identify himself as a police officer so you didn't understand the gravity of the situation at the time. It wasn't until the second individual identified them self as a police officer that you understood and did what was asked of you. Just tell the truth.
Good luck!
99 Contour Sport SE MTX
KKM filter, B&M shifter
No res, BAT kit
Green car silver hood (because silver is faster)
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Joined: Nov 2003
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Addicted CEG\'er
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Addicted CEG\'er
Joined: Nov 2003
Posts: 6,700 |
What was there reason to stop you in the first place??? Tell the judge you did nothing wrong, you were WALKING back to your house and that you KNOW they did not ask for my id. Tell her the story you just wrote here, word for word. I'm confussed, though as to why you are going to court... did they say you were causing problems?? Are you under age??
2006 Pontiac G6 3900SFI GTP Coupe
CAI, Stainless Cat Back, Vector Tune, Strut Brace, Eibach Pro Kit, Custom Made Projector Headlights, 4300K, 20% Tint
Former Owner- 2000 "Stryped" CSVT
CEG Dragon Run- Oct 13-15
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Joined: Oct 2002
Posts: 2,132
Hard-core CEG\'er
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Hard-core CEG\'er
Joined: Oct 2002
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I would plead not guilty. I wouldn't waive my right to a trial by jury.
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Joined: Mar 2003
Posts: 712
Veteran CEG\'er
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OP
Veteran CEG\'er
Joined: Mar 2003
Posts: 712 |
I am as confused as you are. Im 21 so if they would'v asked for ID i wouldve been all cocky and like .. here ya go.. [censored]..LOL since they had nothing on me. So i think they wanted to get me for open container or underage, but when i dropped the cup and i was 21 i think they just made up something.
also, dont i have to plead innocent or no contest or what not before i get a chance to talk to anyone??
1998.5 Diamond White Pearl SVT (#4725)
custom exhaust/intake k&N/mod'ed y-pipe
slotted rotors/greenstuff pads/SS lines
cougar trans/FSVT shift tower/Torsen
16lb. flywheel
18" Velox VX-8's with some rubba bands
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Joined: May 2002
Posts: 3,667
Hard-core CEG'er
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Hard-core CEG'er
Joined: May 2002
Posts: 3,667 |
Why do people ask for serious legal advice on CEG??
If you've been arrested and are due to appear in court... you should NOT be on CEG, you should be in an attorney's office.
Diesel owns you
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Joined: Jul 2000
Posts: 1,677
Hard-core CEG\'er
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Hard-core CEG\'er
Joined: Jul 2000
Posts: 1,677 |
Originally posted by stylin550:
also, dont i have to plead innocent or no contest or what not before i get a chance to talk to anyone??
no. you talk to the prosecutor before you plead. Tell him the situation, and maybe try to plead down to open container. I got open container once. It was only a $50 fine, and was considered a ordinance violation versus disorderly which I think may be a misdemenor.
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Joined: Oct 2002
Posts: 2,132
Hard-core CEG\'er
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Hard-core CEG\'er
Joined: Oct 2002
Posts: 2,132 |
Where I live the judge asks the defendant "Do you wish to waive your right to a trial by jury". Most people do. The smart ones don't.
The people who waive their right to a trial by jury get a trial by the judge right away. You never know what the judge will do. I think a jury requires more evidence and proof.
My mom and sisters have drug habits so I've been to court with them. I take my mom to court. If I didn't she probably wouldn't show up and would get into more trouble.
Last edited by Th_m_s; 04/22/05 03:18 PM.
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Joined: Jan 2001
Posts: 1,889
Hard-core CEG\'er
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Hard-core CEG\'er
Joined: Jan 2001
Posts: 1,889 |
Originally posted by mbTDI:
Why do people ask for serious legal advice on CEG??
If you've been arrested and are due to appear in court... you should NOT be on CEG, you should be in an attorney's office.
For what might be a $100 fine if convicted? Spend $400 to save a hundo...that's a good deal? 
OP, yes you'll have to plead before you can present you side of the argument. This is a misdemeanor not a felony it's not a big deal. If you feel you're in the right then fight it. Plead not guilty and go from there. Play up the part about walking home because you don't believe in drinking and driving. 
99 Contour Sport SE MTX
KKM filter, B&M shifter
No res, BAT kit
Green car silver hood (because silver is faster)
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Joined: Mar 2005
Posts: 247
CEG\'er
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CEG\'er
Joined: Mar 2005
Posts: 247 |
if you dumped the beer and they do not have the cup you had the beer in, they cannot prove you had an open container, which doesnt matter anyways because(and this could be different from state to state) you were not in a vehicle with an open container. if you were outside of your house on your neighbors porch, how can you be hit with "open container" when you and your neighbor are on his property and drinking a beer, if it was against the law, they would be summonsing people left and right. did they make you take a breathalizer test???? if not, they cannot prove you were drinking. but regarless of all that, if the first individual did not identify themself as a police officer and you started to walk away, then you are fine, now the second person did identify themself and you stayed there which is good. just like it was said before, go in and state your case exactly how you did here and you should be fine. hope all goes well for you.
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