My partner and myself had an argument outside the cops were called. I was given the choice to get into the car to talk to the police or talk outside. I chose outside so they arrested me. they are now charging me with obstruction and resist to arrest. yesterday i got a letter saying my general managers license has been opposed due to these two charges (which i am still fighting to get them dropped) and the letter states i am not a suitable manager and "i was extremely intoxicated" when i commited the offences. I have been to court 3 times prior this letter and nothing was mention about intoxication. I would also like to make it clear that i didnt even touch a drop of alcohol that night and I was definately not intoxicated. I still have to go to court about this. If i lose I'll have to change my whole career as Im in the hospitality industry and with a charge of intoxication Im screwed. Has anyone been through something similar? Do you think I'll have a chance? Is it worth fighting?
2007-03-21 15:17:09 · 9 answers · asked by ???help me???? 1 in Politics & Government ➔ Law Enforcement & Police
I have seen the police report and there is nothing about intoxication in it. Only the two charges in which I am fighting. The letter I received was for my general managers license being opposed as I had only applied for it a few weeks prior to being arrested. My work has also received 2 letters one from the police and one from Liquor Licensing Inspector. The letter from the police :
"Police object to the granting of the above License as I have been charged with two offences which occurred while I was extemely intoxicated. She is defending the charges. Police do not consider her a suitable person to hold a Managers Licence."
Letter from the Licensing Inspector:
"The police reort indicates that I have been charged with 2 offences which occured while she was extremely intoxicated. She is defending the charges. Therefor I support the Police in their opposition to this application because of the applicants recent charges. Recommendation the application be declined."
2007-03-21 15:52:41 · update #1
There must be a report that documents the officer's account of events that night and justifies the charges. You left a lot of that information out. Without it, it is nearly impossible to give advise. I'm also confused about the letter you received. Who advised that licensee board of the facts they included in the letter. That board must provide you with some sort of due process before they are able to revoke your license.
Consult your attorney.
2007-03-21 15:27:20 · answer #1 · answered by Anonymous · 0⤊ 0⤋
If the police made a false accusation and have no proof such as the report that you were intoxicated you might have a defamation suit against them and would win if you could prove they were causing intentional harm which they would be since they opposed your license for management. However, you need an attorney and you need to submit a rebuttal with the police report stating that first you are innocent until proven guilty and second you were not intoxicated and had nothing to drink the day of the incident.
2007-03-21 15:57:37 · answer #2 · answered by Anonymous · 1⤊ 0⤋
I have not personally been in the type of situation you are in, however, I would recommend that you please consult with an attorney on this for court. If you can't afford one, please look in the phone book for your local area, for a legal clinic, or State Bar Association. They may have a sliding scale, or go pro bono (free-if you qualify).Providing you were not intoxicated, you will need a copy of the police report, to see if that was on there or not. If you were not intoxicated, that will help your case. See about talking with the attorney to see if you can be called for random drug/alcohol testing up to the court date. Take care.
2007-03-21 15:30:39 · answer #3 · answered by SAK 6 · 0⤊ 0⤋
In some states (like NC) criminal charges can effect the ability of alcohol permit holders to retain that license.
You can always fight the charges. Keep this in mind: had you not been causing a disturbance in the first place the cops would not have been called. Seems like you were a contributor to your own problems. The cops are peace-keepers....and arresting you in this case may have seemed to them like the proper course of action.
Get an atty...and good luck!
2007-03-23 03:08:43 · answer #4 · answered by Hootiesplace 3 · 0⤊ 0⤋
What does the police report say ? If they are not saying anything about drinking, then it appears the people from the licensing bureau are finding info somewhere else.
Check out what is in the police report, that is all the police have said.
2007-03-21 15:24:03 · answer #5 · answered by Anonymous · 2⤊ 0⤋
You NEED a lawyer...they will know the local laws and are better equiped to deal with the police....
2007-03-21 22:27:22 · answer #6 · answered by Real Estate Para Legal 4 · 0⤊ 0⤋
Better get a lawyer. And learn to argue inside. Or, even better, don't.
2007-03-21 17:20:43 · answer #7 · answered by TedEx 7 · 0⤊ 0⤋
do you mean COPS lie? wow what a concept. ! in the Academy they are given lessons in Creative Report Writing. it's too bad they dont teach civil rights or constitution law or respect for human rights......Get a good lawyer and litigate them to the results you want. In America ; you buy your Justice...ask OJ Simpson
2007-03-21 16:38:27 · answer #8 · answered by pahump1@verizon.net 4 · 1⤊ 3⤋
Go to www.copwatch.com forums and ask your question there, they can help you.
ask GC505 or Mack
2007-03-21 15:22:31 · answer #9 · answered by bearandblizz 2 · 2⤊ 0⤋