OT: Got arrested last night - THE VERDICT

[misterMagoo]

Went out last night, and had a few drinks. We left one bar on and went next door on foot. I brought my bottle of beer with me, I shouldn't have though and I don't really know why I did.

When we got next door the bouncer told me I couldn't bring the beer in. OK. I put it down on the ground, and played dumb, and said Oh i didn't know I couldn't bring it in. Then he got all dickish (which is common at this place) and said something like, Oh you didn't know? I'm not letting you in! So I said to my friend, whatever, lets go back next door.

The next thing I know, I grab my beer and turn around, and a cop is walking at me and yelling "put the beer down!" So I did. He then grabs me, and starts dragging me to the police car thats in the street, even though I was walking with him. At this point I'm like Whoa, whats going on? Why are you dragging me? And he's yelling stop resisting!!! And I'm saying I'm not resisting! Then another cop grabs me too, they put me over the trunk of the car and slam my head down and tell me to put my hands behind my back. So I did, and then they put cuffs on me WAAAY to tight, to the point that I yelled out in agony. And I'm like why are you arresting me?? They then slammed my head down again and say STOP RESISTING!!! And at that point I say, I'm subdued! I'm not Resisting!!! Why am I being arrested??? This is ridiculous!

All the while, no one will tell me why. Then they called another officer over and say to him, take him down to the station, he's being uncooperative. I say I've been cooperating I don't even know what I've done wrong. They then push me in the car, and yank me in from the other side, treating me like some kind of violent criminal who just got into a street fight, and take me to the station.

While I was there, they tried to give me a breathalizer but I refused it and then they put me in the cell after a while. I then fell asleep and was woken up around 3am. The officer said, listen, we are going to drop the disorderly conduct (what disorderly conduct?!?!) and [some other ridiculous bs charge that wasn't applicable anyway]; and we are going to just give you a public drunkenness and open container violation. This was the first time in the evening I was told why I was arrested.

Now I am facing two fines, which I have no idea how much the actual fines even are. I feel like I should plead not guilty, but I don't know what chance I even have of beating this. While I did have an open container, and I was drunk, it's not like I was falling over and stumbling, or acting out of line. I feel like a warning would have sufficed. And there was definitely no reason to treat me the way they did.

I just can't believe that all happened. Any advice?

[jason41224]

were your friends sober enough to remember what happened exactly? obviously, you didn't remember enough to know what was going on, but maybe they did. that can at least give you a better picture of what you did wrong-if you did anything wrong at all. plus, if they do remember, it could be useful in court.

[Randy Bass]

Well, besides quitting drinking, I don't have any useful advice. Cops are dicks, but it's because they are accustomed to dealing with the worst in society, so no one gets the benefit of the doubt. You might get lucky if the Cop doesn't appear, but if three were involved, at least one usually shows up. I would consider pleading guilty to having an open container, but you might get off on any other charges without much evidence being available. However, I am not a lawyer. I seem to remember Youngblood's thread on here a while back which involved a similar subject and lots of advice was given there. Good luck with it.

[irish_admiral]

Guess the answer is don't do open container again! That started the trouble.

And never answer back to the police. Just like rugby referees... they might be wrong, but complaining or asking questions is only going to make the punishment worse. Exercise your right to the 5th...

[Dopp238]

Move to Amsterdam. I'm pretty sure having an open beer in public over there won't get you manhandled by a couple of disgruntled cops.

[misterMagoo]

I was sober enough to remember what happened. I didn't include ALL the details, because the post was long enough the way it is. I talked to my friend this morning and he confirmed my story as I recalled it. Everything happened really fast, it all happened in a matter of 5 minutes or so. It seems that the reason the cop came over was the bouncer flagged him, although I didn't see it, but my friend seemed to think that. Anyway, I tried to be as cooperative as possible, knowing that fighting doesn't ever help in these situations. I just couldn't believe how it happened. They didn't give me any kind of sobriety tests before cuffing me, no questions asked, nothing. I got pulled to the car, the cuffs went on, and they took me to the station. No chance to redeem myself, explain myself, nothing. Cuffs, car, station. I wasn't rowdy, I wasn't being a dongle-narf. I don't think it was too fair.

Randy, you may be right, pleading guilty for the open container and not guilty on the public drunkenness. They definitely don't have hard evidence, but it will be the cops word against mine, and maybe my friends, and you know how that goes. I'm going to call the magistrates tomorrow, and find out what the fines may be. I may also call the station and see what may be done about it.

[nguideau]

Is it just a civil violation that carries a ticket, or is it a misdemeanor?

If it's just a ticket/fine, pay it. I know it sucks, but you have little to gain fighting it.

If it's a misdemeanor -- AND you have a perfectly clean record -- lawyer up. A good lawyer in your community with a positive relationship with the district's prosecutor will probably have no trouble getting it reduced from misdemeanor to just a ticket. IMO, it's worth the money to keep it off your record. At the very least, you should have a lawyer consult you on what to do.

I believe your story, but bottom line, even if you just had a few beers in you, chances are your perception of the events isn't 100% accurate. I believe that you were treated like pile of poop, for sure, but without a lawyer you stand no chance against the cops, IMO, as a result.

[Dopp238]

The thing that sucks, and I don't mean to be a negative nancy, but... you did have an open container and you were intoxicated. So while the cops were douche bags and had no right to treat you like a common criminal, you were unfortunately 100% in the wrong. That doesn't mean you're a bad person and deserve to be slammed against a cop car... but you can't really argue the legality of the situation. It sucks that they wouldn't give you the courtesy of calmly explaining why they were cuffing you, though, it seems like it was sort of obvious right?

It's too bad one of your buddies didn't pull out his phone and take a video of it. You might have been able to try and show the judge that the cops were much more physical than they needed to be. If you've got a clean record like nguideau was talking about, you could probably get a lawyer and get things reduced to a reasonable level. It's certainly what I would do, if nothing else, for the principle of the matter.

[Randy Bass]

The Bouncer douche might show up as a witness if the Cops really have a hard-on for you, which would make things a little difficult. Unlikely though. I would make it well-known around town that the bar in question likes to send its' patrons to jail whenever possible.

[Randy Bass]

I should point out that the Police are trained to secure and detain suspects quickly before getting into arguments over the justification of the arrest. It's for their safety, but they could explain it better to defuse the situation. They probably assume that it's not worthwhile to discuss the charges at the scene if they suspect that you are drunk or otherwise impaired. They are in charge during an arrest, and they consider anything other than full and silent compliance as resisting arrest. I watch COPS a lot

[Dopp238]

I should point out that the Police are trained to secure and detain suspects quickly before getting into arguments over the justification of the arrest. It's for their safety, but they could explain it better to defuse the situation. They probably assume that it's not worthwhile to discuss the charges at the scene if they suspect that you are drunk or otherwise impaired. They are in charge during an arrest, and they consider anything other than full and silent compliance as resisting arrest. I watch COPS a lot

I watched a crack head get tazed in my neighborhood two weeks ago. It was seriously like an episode of COPS. As I recall, they didn't really explain why they were tazing her at the time. They just yelled "STOP" and she didn't... it would've been in her best interest to listen to them.

So you should be thankful they didn't bring out the big guns!

[Ohara]

Not sure what the fines are where you are from, but up here it carries a $113.00 penalty for drunk and disorderly in public.
I have read your posts, and unfortunately you were in the wrong with an open container of alcohol, so good luck fighting it, cause odds are against you. The drunk in public would be hard for them to prove considering you didn't take a breathalizer, but evidence on their side is that you had an open container of alcohol in your hands and were trying to get into a bar, and was refused entry by the bouncer, so unfortunately again it doesn't look good in your favour.
As far as the way you were treated, I totally DO NOT agree with the way you were treated. I can also on the other hands kind of see the police side of things, because I know in my town on any given Friday or Saturday night there are drunks getting into fights on the main street in front of bars for something as stupid as a guy bumping into an arm in an overcrowded bar. SO the police constantly have to deal with people under the influence of alcohol and as we all know, alcohol is kind of a catalyst for the agressive tendencies that we all harbour inside of us (makes some of us violent, ask Jack Daniels lol) so I can see them not taking any chances as they have no idea what you are capable of and just how much you had to drink. Now that being said, if you were being co operative they shouldn't have treated you that way, it would have been so nice if one of your friends caught the incident on video as you would have a big leg to stand on in court. But without any video or upstanding witnesses (people other than your friends, not saying they are bad people just saying that the judge is going to assume they were drunk with you, so again not saying anything negative about your friends) you will have a hard time proving your innocence, but if you or your friends can think of anyone that may have witnessed the events get ahold of them by all means.
Ok, now weigh in the costs of an attorney, my guess is that it would cost you about $2500.00 to retain an attorney and go to court, probably more but that is a good start, and weigh that against the fine of drunk and disorderly and unfortunately it is easier and quicker just to pay. I know it sucks and if you can prove the cops treated you badly then fight the good fight, but if they just want you to pay a fine and be done with it, you are probably farther ahead to just pay the fine

[BrianFantana]

...but it's because they are accustomed to dealing with the worst in society, so no one gets the benefit of the doubt. .

Couldn't have said it better myself. They constantly deal with the lowest common denominator.

[misterMagoo]

Yeah, I did have an open container and I was drunk, regardless of how much. I just think that these cops take pride in working people over, since there are not many other serious crimes that occur in this city, like murders etc. Mostly petty crimes, like thefts, robberies, and drug offenses.
I'm pissed off because I was treated like a violent offender. I did nothing to bring on the treatment that was given to me. I went willingly with the cops. It is like they just kept yelling stop resisting so that people watching would think that I was and that they're treatment was justified.

I have some research to do.

[Randy Bass]

... as we all know, alcohol is kind of a catalyst for the agressive tendencies that we all harbour inside of us...

This is it exactly. A lot of bad things can happen when you lose control of your cognitive brain functions while out in public.