The ticket is for Public Intoxication, & the bar has a two drink minimum.
2006-07-12 11:11:00 · 18 answers · asked by Anonymous in Politics & Government ➔ Law Enforcement & Police
I have news for you, this is not a hypothetical Q. They're doing it in Houston Texas!
2006-07-12 12:38:24 · update #1
The Revival of Prohibition in America
Fairfax County Police in Virginia are showing up at bars, taking patrons outside, and giving them sobriety tests. If they fail, they are arrested on charges of public drunkenness. That's right, you could just be sitting in a bar, minding your own business, not driving a car, and not even intending to drive a car, and you can still be arrested
Richie Prisco was the general manager on duty at Champps in Reston's Plaza America on Sunset Hills Road on Thursday, Dec. 19, when he said police came into the bar and started taking patrons outside.
"They were talking to one of the guests, then physically pulled him off the barstool," Prisco said. "They were really aggressive and nasty."
Many states have a .08 limit now, and yours could be one of them.
Is the goal to prevent drunk driving or to prevent drinking in general?
It sure looks like the latter to me. I thought Bloomberg was crazy, but Virginia takes the cake.
2006-07-12 12:49:24 · update #2
For news item above. See http://www.globalaffairs.org/forum/printthread.php?t=6117&pp=150
2006-07-12 12:50:43 · update #3
Please do not assume or imagine there are any other facts than the ones already stated. I am not trying to omit any additional facts while describing a very ordinary occurrence of having a few drinks at the bar. I do know this kind of preventive tactic is an attempt to prevent DWI's before they happen, and it is strongly supported By MADD (Mothers Against Drunk Driving).
2006-07-12 15:45:05 · update #4
sue the city for doing that! lol..the whole point of a club, is for you to go get wasted there!
You have rights, and they were violated. If you were being loud and abnoxius, and the bar called the cops, they didn't have to give you a "breath test", they should have just arrested you, or forced you out.
this is by far a new one, I have never heard anything like this, you better do something about it..I would get myself a lawyer, and don't even think about paying that damm ticket..sucks this happened to you, so now do something about it! great case you got here! lol..hopefully is on court tv:)
2006-07-12 11:37:20 · answer #1 · answered by SuperGirls™ 5 · 1⤊ 0⤋
This is double jeopardy. The police have you in the cross-hairs. They can not arrest you for being drunk in public in a bar that is why they take you outside. Someone could have called the police complaining about you or the bar.
If you don't go with them, they can arrest you for resisting arrest which is another fine and possible jail time. By the way, here in California, you can request a blood sample instead of a Breathalyzer test. Why? Because diabetics in beginning ketosis cannot pass a Breathalyzer test. It may be the same where you live. I'd check it if i were you.
If you get an attorney you could beat the rap, but no matter what happens you have to pay out. The courts or the attorney.
Sounds like the someone may have a scam going. Maybe a competitor wants this bar shut down. Once a bar gets this type of reputation not many people will go there and he will have to fold. Another question, does the city want the land for something else? This could help the city condemn the property.
2006-07-26 03:50:00 · answer #2 · answered by Ding-Ding 7 · 0⤊ 0⤋
Fight the Ticket. You are in a bar which is considered a business . You should be able to drink as much as the bartender will sell you. Once you leave the bar and are on a public street then you are you open for a public intoxication fine.But only if you agree to take the breath test and fail. BTW You do have the right to refuse to take the test but then are open for jail overnight stay. Don't drive this way of course that would be bad.
Was something else going on in the bar that caused the police to enter??
2006-07-12 11:18:31 · answer #3 · answered by tankgirl_84 3 · 0⤊ 0⤋
If you are inside a bar, then you are not in public. But you CAN be on private property and still be in the public eye (which is all that matters for public intoxication).
I don't know who said that the cop would be TRESPASSING but they need some common sense. That bar is a PUBLIC place, and police officers have every right to visit ANY public place they choose to cut down on any crime in progress. I go to bars all the time while I'm working but it's not for drunks, it's to cut down on fights, drugs, and any other illegal activity going on like a bartender still serving alcohol to someone who's already intoxicated (and the bartender gets the ticket).
Basically, fight the ticket. Public Intoxication means that you must be intoxicated in PUBLIC. Behind closed doors does not count.
2006-07-13 13:53:31 · answer #4 · answered by Anonymous · 0⤊ 0⤋
Maybe I don't get the question. You must buy at least 2 drinks while you are in this bar. You are inside the building along with other people that are drinking. I assume many are drinking more than the 2 drink minimum.
Did he test everybody in the bar? Were you or whoever acting super crazy drunk. Did the bar call the cops on you?
What do they think people are going to be at a bar???? Is there more to this story?????
2006-07-12 11:18:02 · answer #5 · answered by Chris M 2 · 0⤊ 0⤋
No way it'll stick. You're inside a bar where alcohol is legally sold.
Drink minimum doesn't matter... you're safe as long as you are either inside the establishment or not behind the wheel of a car with the key in the ignition switch.
The only exception is if you got too rowdy and the bar called the cops to have you escorted from the premises. But you didn't mention that so I don't believe it applies here.
2006-07-12 11:15:38 · answer #6 · answered by J.D. 6 · 0⤊ 0⤋
Hmmm... No lawyer, but doesn't sound right unless you were being rowdy and the bar called police to deal with you. If they really didn't do that, possibly they'd assist with a statement for court in your defense. Would be bad PR for them if you really weren't being a nuisance and police got away with that.
I don't know the def of public intoxication or if the blood alcohol level matters, or just consumption and behavior but demand a blood test next time. (Hopefully there won't be a next time)
Look within...did you leave out some details? something in your explanation doesn't seem right
2006-07-12 11:25:46 · answer #7 · answered by desertrat 2 · 0⤊ 0⤋
That Sucks LMAO
I just wonder why you took the test, after all you were not driving at the time of the test, unless they followed you to the bar, so there is no impending loss of priviledge if you refuse. Unless you caused probs, in the bar, I would have politely declined to take the test. What could they do?
2006-07-12 11:14:32 · answer #8 · answered by alaskanecho 4 · 0⤊ 0⤋
Did they ticket just you personally ? Or did they start testing everyone. You need to provide more info. Because if your on probation for an alcohol/drug related offense, they have every right in the world to knock on your door if they want and test you. I'm asking because if they know who you are and previously busted you. Otherwise I would have to say that's pretty chicken sh-t of them and I would consult a lawyer.
2006-07-12 11:23:10 · answer #9 · answered by jhrkickin 3 · 0⤊ 0⤋
The cops were out of line.The person who received the ticket should challenge it.Of course a breath test is going to be positive.There is alcohol in the air and coming out of people pores.Call them on it.Go to court and I guarantee you a win.If convicted an appeal
2006-07-12 11:20:08 · answer #10 · answered by Anonymous · 0⤊ 0⤋