Legal Question in Criminal Law in Utah

Public intox and resisting arrest

My friend got a DUI when I was in the car she was getting taken to jail and her car was getting towed. I needed to find a ride so i called another friend come get me, i started walking to head to a store or gas station and one of the cops that was giving my friend the dui pulled up, to make a long story short he pretty much said that if i didn't have to tow truck driver take me to a gas station he was going to arrest me for being drunk in public, i was in no was comfortable getting in the truck with the tow truck driver at 2am so i got arrested. I got the police report and found a number of things wrong including the officer stating I was intoxicated on alcohol and hydrocodone (which I had a prescription for). I was drinking but had not taken my prescription that night. Also when the officer was arresting me I was on the phone and had tried putting it in my purse before he put the cuffs on (because it is an expensive phone) and I was also charged with resisting. I plead not guilty as I wasnt 'sure what to do, so I have a court date in about a month. I make too much for a PD but not enough to hire a lawyer.


Asked on 6/08/09, 7:47 pm

1 Answer from Attorneys

Randy B. Birch Attorney at Law

Re: Public intox and resisting arrest

I agree with you and would plead not guilty. Although it is riskier to go it without an attorney, you can explain your situation to the prosecutor at the pretrial, and if he will not reduce charges or give you a deal that is acceptable, I suggest you set it for trial, explain your situation to the judge and hope for the best. Good luck!

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Answered on 6/09/09, 11:41 pm


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