Do I have a case?

[Psiclone]

1) Were you in public?
2) Were you intoxicated?

The prosecution rests.

Not quite true as there are Iowa Supreme Court cases which say it may depend on WHY you were in a public space. For example, if an officer orders you to come out of your house, then you cannon be guilty of public intoxication, even though you may be intoxicated and were in a public place when arrested.

Based on the facts of your case, you may or may not have a defense. You should definitely talk to an attorney. I think you can do so for free if you're an ISU student at student legal services.

 

[WhatchaGonnaDo]

Not sure how Iowa defines 'public'...
If you were on your friends property, wouldn't that not be considered public?

 

[1100011CS]

You are probably screwed with the ticket, but the cop is definitely an ******* if you were just going to make sure your friend was ok.

Keep drinking, the legal age should be 18. Just be smart.

these

 

[CycloneYoda]

Here's the story:

I'm 18 so obviously underage and last Saturday night I was at my friends house who was having a party. At around 11 one of my friends left to drive his car home and crashed. He was drinking. Me and my buddy happened to be standing in the driveway of the house we were at when he crashed and ran over to see if he was alright. We also had been drinking. The neighbors came out and called the cops and so me and my buddy stayed around because we assumed the police would want us to write witness reports. Instead the cop arrested me and my buddy for public intoxicaion. He never gave a chance for me and my buddy to explain that we were only waiting there because our friend was bleeding from his head. We both got taken to jail for the night.:shocked:

Does anyone know if I should plead not guilty and tell the judge what happened and possibly get it taken off or should I just accept the public intox?

note: I also got an MIP in May I don't know if that affects the judges thinking.

Thanks

I'm wondering how much of this story has been left out in order for you to be the victim. Not saying you are all out lying, but maybe a tad biased.

 

[BasedClone]

You're screwed unless you hire a good lawyer. You shouldn't have went outside your house. Law is law. Gotta follow it.

"Law is law, you have to follow it" is conventional morality. Most people fit in this category, but laws should only be written if they serve actual justice. What I'm saying is you got screwed buddy! Keep drinking, one should only be accountable for oneself, no cop/judge/law should be able to tell you if you are ready to drink. If what you say is the truth then as a moral human being, you were in the right. Law does not equal morality, not even close in some cases.

 

[CFanatic21]

"Law is law, you have to follow it" is conventional morality. Most people fit in this category, but laws should only be written if they serve actual justice. What I'm saying is you got screwed buddy! Keep drinking, one should only be accountable for oneself, no cop/judge/law should be able to tell you if you are ready to drink. If what you say is the truth then as a moral human being, you were in the right. Law does not equal morality, not even close in some cases.

I understand that, but i'd rather stay clean and not chance getting in trouble and having to pay a ticket. Spending a night in jail looks good to no one.

 

[BasedClone]

I understand that, but i'd rather stay clean and not chance getting in trouble and having to pay a ticket. Spending a night in jail looks good to no one.

I'm glad you understand it and I believe most people do, especially with drinking. BUT, it is this very attitude that the majority of people hold which is why the 21 law still exists today.

 

[CFanatic21]

I'm glad you understand it and I believe most people do, especially with drinking. BUT, it is this very attitude that the majority of people hold which is why the 21 law still exists today.

I don't believe the law will ever change back either.

 

[BasedClone]

I don't believe the law will ever change back either.

Agreed. I believe the Federal Government will make cuts to highway/interstate budgets if States' want to lower the age.

 

[DrClone]

Here's the story:

I'm 18 so obviously underage and last Saturday night I was at my friends house who was having a party. At around 11 one of my friends left to drive his car home and crashed. He was drinking. Me and my buddy happened to be standing in the driveway of the house we were at when he crashed and ran over to see if he was alright. We also had been drinking. The neighbors came out and called the cops and so me and my buddy stayed around because we assumed the police would want us to write witness reports. Instead the cop arrested me and my buddy for public intoxicaion. He never gave a chance for me and my buddy to explain that we were only waiting there because our friend was bleeding from his head. We both got taken to jail for the night.:shocked:

Does anyone know if I should plead not guilty and tell the judge what happened and possibly get it taken off or should I just accept the public intox?

note: I also got an MIP in May I don't know if that affects the judges thinking.

Thanks

Stupid question but what is MIP - maturbating in public?

 

[purify]

whatever you do, don't just plead guilty. Fight the case. See an attorney. It'll may save you a headache down the line. If you're looking for a job 4 years down the line, and the background check shows 2 drinking related offenses in 2 months, it might make an employer think you don't learn from your mistakes, and that you might have a drinking problem, or an authority problem. The only records that Iowa expunges are those from a juvenile record, and DUI. This is neither, it will follow you around forever. Better to fight it, anyway you can. Go to the legal department.

 

[CycloneDaddy]

Stupid question but what is MIP - maturbating in public?

Minor In Possession ... which is pretty much the same thing as Masturbating in public. You pretty much have to be an idiot to get a ticket for either of those.

 

[3TrueFans]

Stupid question but what is MIP - maturbating in public?

The day they make that a crime is the day I hang up my binoculars.

 

[dmb341]

I don't mean to sound high and mighty, but if you are 18, already have a citation, and you're letting friends drive drunk, you're not doing it right. Sleeping at a friend's house because you can't drive is def the way to go. No cops and no driving.

 

[baller1]

I don't mean to sound high and mighty, but if you are 18, already have a citation, and you're letting friends drive drunk, you're not doing it right. Sleeping at a friend's house because you can't drive is def the way to go. No cops and no driving.

Their were 40+ people there I
can't keep track on everyone. Obviously this guy was an idiot for driving drunk. I didn't know he was doing it until he crashed.And yes, I know their is no excuses for drunk driving so I don't need lessons on that. My friend told me in Iowa City you can't get in trouble for staying at a crime scene and helping a friend in need. (which is my case I wouldn't have been there if he didn't crash his car). I got that most of the people on here see no reason to fight it but I don't really want this to stay on my record since I technically did the right thing and happened to be in the wrong place at the wrong time. And yes, this is the full story I'm not leaving anything out.

 

[baller1]

I don't mean to sound high and mighty, but if you are 18, already have a citation, and you're letting friends drive drunk, you're not doing it right. Sleeping at a friend's house because you can't drive is def the way to go. No cops and no driving.

I wasn't letting my friend drive drunk honestly I had no clue of it until I saw it and happened to be in the driveway and my friend told me the guy just crashed. I don't know if it helps but I did have a text to my mom that said I was spending the night at my friends house who I was orignaly at...

 

[Plo]

Keep drinking, one should only be accountable for oneself, no cop/judge/law should be able to tell you if you are ready to drink. If what you say is the truth then as a moral human being, you were in the right. Law does not equal morality, not even close in some cases.

This sounds like wonderful advice. Sounds like advice from a 15-year-old.

Law does not equal morality, but it flows from it. Just because you think you're old enough to do something that is illegal for you doesn't mean what you do is right.

By the way, if you are old enough to vote, Ron Paul would appreciate your kind of libertarian crap at the straw poll. Hippie.

 

[Cydwinder]

I'm not sure if it works in all cases but a deferred judgement might be a possibility.

 

[zwclones51]

Minor In Possession ... which is pretty much the same thing as Masturbating in public. You pretty much have to be an idiot to get a ticket for either of those.

You must be from somewhere where cops dont give a ****. I was able to escape high school without an MIP (5 years ago) But I definitely did alot of dumb ****. Party on dirt roads, drive home drunk, be an idiot in public. Cops busted alot of people and even now a days where I come from if your at a house party and in High school you will get an MIP. If your in Ames its definitely a different story. Cops in Ames will just tell everybody to leave from the party and you should be O.K.. Usually.

 

[Cyclone711]

I turned 21 a couple of weeks ago. And you know, it was like some magical switch in my head just turned on. After that I said to myself "Yeah, I can handle a beer now"..............

Honestly, I would just try to explain the situation to the judge to try and get a lighter sentence. Not much else you can do. Also, never underestimate a good attorney.