Legal Question in Criminal Law in Virginia

Public Intoxication - Norfolk, VA

On 6/26/08 at approx. 1:30 A.M. a friend and I were removed from the bar by police as a result of my friend having a confrontation with the bar manager. We had both been drinking. Upon exiting the bar, we were questioned by three officers. I asked the officers for their names and badge numbers; they refused. I asked them twice more for their name and badge numbers and they all refused. I was then arrested for public intoxication, my friend was not arrested. The officer, never read my Miranda rights (which I'm aware that its not required of him, but he cant use anything I said in the court of law as a result). I live within a stones throw of the bar, and even though I had been drinking, I was aware of my surroundings and by no means represented a danger to myself or others. I was not given a BAC test. Should I consult a lawyer? What are the odds of getting this dismissed? Is an officer required to give his name and badge # upon request?


Asked on 6/28/08, 9:57 pm

1 Answer from Attorneys
Michael Hendrickson Law Office Michael E. Hendrickson

Re: Public Intoxication - Norfolk, VA

If it's a mere so-called DIP (Drunk In Public)charge , you shouldn't need a lawyer to handle it(as long as it is not classified as a misdemeanor offense carrying possible jail time).

Whether an officer is required to provide the information you've described is usually a matter of local police department rules. (Your mistake

was in pushing the matter which very likely resulted in your arrest which may not have otherwise occurred.)

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Answered on 6/30/08, 8:53 am


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