Do I have a case?

BasedClone

Member
Jun 14, 2011
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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.

Your post proves to me that you don't even have a sense of Post-Conventional Morality... You think law flows from morality? Actually, go back to your dream and keep thinking that buddy.

Laws create societal morality. Some of the most influential people on this planet went against law and changed history for the better. Your thought process is that of a sheep, just following societal norms. Grow a brain and think for yourself. Was slavery "moral?" Yes, it was. But rational minded people changed that.
 
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Me State

Well-Known Member
Oct 19, 2007
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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.

Don't take this advice.

Consult an attorney and as someone else said try to get a deferred judgement. If you stay out of trouble nothing will appear on your record.

If they refuse to give you a deferred judgement just plead guilty and stay out of trouble. In two years you will be able to have a public intox taken off your record.

Paying an attorney to fight a charge that you know you committed is a waste of money. Learn to take responsibility for your actions.
 
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leroycyclone

Member
Jan 2, 2010
866
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Boulder, CO
Don't take this advice.

Consult an attorney and as someone else said try to get a deferred judgement. If you stay out of trouble nothing will appear on your record.

If they refuse to give you a deferred judgement just plead guilty and stay out of trouble. In two years you will be able to have a public intox taken off your record.

Paying an attorney to fight a charge that you know you committed is a waste of money. Learn to take responsibility for your actions.

Are your parents engaged?

Get an attorney. The legal office on campus will assist. They may have an attorney who will handle the case. $250 - $500 for an attorney will be money well spent. Keeping your record clean is most important.

That's where the parents came in. They should make phone calls, get the details, learn the various options, make the decisions and pay the attorney's fees.
 

mj4cy

Asst. Regional Manager
Staff member
Mar 28, 2006
31,841
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Iowa
Most cops will tell you to get the hell home. Guess you got the wrong guy, but that being said....you did break the law.
 

Me State

Well-Known Member
Oct 19, 2007
2,440
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Are your parents engaged?

Get an attorney. The legal office on campus will assist. They may have an attorney who will handle the case. $250 - $500 for an attorney will be money well spent. Keeping your record clean is most important.

That's where the parents came in. They should make phone calls, get the details, learn the various options, make the decisions and pay the attorney's fees.

I'm not sure how parents got brought into this or what parents being engaged has to do with anything.

He is 18. He is a big boy now. If he thinks he is man enough to drink than he shouldn't run to mommy and daddy to take care of the problems his alcohol use causes.

I agree with consulting an attorney but I disagree with wasting the time and money trying to fight a charge he admits he is guilty of.
 

IcSyU

Well-Known Member
Nov 27, 2007
28,307
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Are your parents engaged?

Get an attorney. The legal office on campus will assist. They may have an attorney who will handle the case. $250 - $500 for an attorney will be money well spent. Keeping your record clean is most important.

That's where the parents came in. They should make phone calls, get the details, learn the various options, make the decisions and pay the attorney's fees.

Unless he was the youngest freshman on campus last year, he isn't a student so the attorney through the campus legal office is probably out of the question.

Just the fact that he has the MIP two months ago probably isn't going to help his cause because the judge is going to see it as a kid who doesn't learn.

Lastly, his parents shouldn't be on the hook. He messed up, not them. If they offer to help, great, but if they don't say anything, he shouldn't be asking for the help. You're an adult in the eyes of the judge...start acting like it.

Wait a couple years, get it expunged. Not a big deal.
 

Clone5

Well-Known Member
Jun 3, 2008
3,738
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Iowa
Was this in Ames?

I'm thinking if you were cooperating with an investigation, despite your drinking that

A) There is something else that happened you aren't telling
B) You met a total **** for a cop

The cops in Ames are pretty good about public intox. Seem to let you go as long as your not causing trouble or making a scene.

This is extremely untrue.
 

isuno1fan

Well-Known Member
Mar 30, 2006
23,300
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Clive, Iowa
Seriously...you have no chance. The reason you got ticketed is probably because the cop saw you had one recently and obviously hadn't learned your lesson. The judge is going to see the same thing.

Go take your medicine and be smarter moving forward.
 

jaretac

Well-Known Member
Nov 26, 2006
7,642
337
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Frigidaire
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

No case. Your best bet is to cut your loses and hope you get off easy. Also you can have public intox expunged from your record in the state of Iowa after a few years.
 

Three4Cy

Well-Known Member
Jan 19, 2010
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West Des Moines
Just to retain an attorney is going to be a couple thousand bucks, and that would probably be for 10 hours of work. Anything above the 10 hours is going to cost you. The question becomes how much are you willing to pay to try and get out of this? You may want to consider what others have said and use a public defender.
 

cyclonefreak5

Well-Known Member
Sep 25, 2010
1,237
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Ames
as far as i understand it pleading 'guilty' gives you no advantage over pleading 'not guilty'. they dont give a lower punishment or anything for admitting to it, you might as well just plead 'not guilty' and see what happens. its almost pointless to plead guilty from a legal perspective. (minus the legal fees and lawyer money and whatnot) again, as far as i know
 

purify

Member
Apr 1, 2010
145
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St. Joseph, MO
Hey guys, I was incorrect earlier when I said Public Intox can't be expunged, it can be. like a couple of posters have said. Sorry about that.
 

CYdTracked

Well-Known Member
Mar 23, 2006
18,659
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Grimes, IA
Have not read through the whole 4 pages of post yet but where were you at the time of the arrest, on private property or on the sidewalk/street? Just wondering is there is a technicality if you were on private property because that isn't technically "public" property then.

Regardless, if you are underage and drinking and had the balls to talk to the cop when it was obvious you were drunk that's just plain stupid. Had a time in the dorms when a bunch of us were drinking in a room where the person was of age but most of us were not and someone threw something at the window from outside and broke it. Those of us underage got the heck out of the room while the guy that lived there called campus police to report it. No way any of us were going to chance getting ticketed for consumption just to be witnesses for the report. You have to know the situation, while you thought you were doing the right thing you basically put yourself out there for trouble and it found you.
 

CyDude16

Well-Known Member
Oct 2, 2008
22,511
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Heads in the sky
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This is extremely untrue.

False, in most cases they are generally forgiving. I've been hammered countless times with friends or by myself walking back to my apartment in the campustown area, of which I walk by there stake out place behind the fire station, and have yet to be arrested, and there have been nights were I easily could have been.

Although not the smartest ideas some nights, but being smart and walking straight-ish, and not causing a scene will hardly get you noticed by the cops.
 

bellzisu

Well-Known Member
Apr 15, 2006
6,941
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Norwalk
I somehow ended up with 3 MIP's in college and each time I got charged with 1st offense cause they somehow didn't get posted to my record. My 3rd one I got out of completely. Lucky I guess. It's almost as easy to go in and plead not guilty and fight it yourself. If you think you have a case.

My 3rd one I was sleeping in the back end of an SUV when the driver and passenger went in to get beer. They ended up getting pulled over I was sleeping through the whole thing, got woke up and given a MIP and then ordered by the cop to drive the car since I was the only one not drinking.

Easily got out of it.
 

Cyhart

Well-Known Member
Aug 15, 2009
3,184
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Des Moines
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.

Who are you to decide what is right for someone else??