Legal Question in DUI Law in Iowa

public intoxication

Some buddies and I went out last night for some drinks. When we stopped to get more we ran into a guy that was running his mouth. I was pretty intoxicated at the time when i saw the kid swing at one of my friends. He then shoved him back and another buddy of mine hit him. The kid was knocked out I walked away while my buddies stayed for a short time longer. I was then about halfway between the site of the incident and my house when I get a phone call from the buddy who punched the kid. Him and another bud were w/ the cops and he asked me to come to tell the cops the story. The cop got on the phone and told me I would not b arrested for public intox he just wanted to know what happen. I agreed and starting walkin back when an unmarked car zooms up and tells me to get in the car. I said ''who r u?'' and he then pulled his badge out of his shirt. I say oh ok and he proceeds to cuff me. He takes me to the spot where everyone was, sat me down, and didn't ask me a thing about what happened. I was then breathalyzed one soft breath and arrested for PI. I wasnt involved I was lied to and could have not cooperated and made it home. Im furious is this legal or is there anything I can do to get this dropped?


Asked on 7/04/07, 7:59 pm

1 Answer from Attorneys
Robert Luedeman solo practitioner

Re: public intoxication

The answer to your question is "no", it will not go away. You were intoxicated in public so you were properly cited. Talking to one policeman on the phone does not bar another from arresting you for the same offense.

I suggest you choose your companions more wisely in the future.

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Answered on 7/05/07, 8:36 am


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