Legal Question in DUI Law in Virginia

Intoxicated while in public...in front of my townhouse

Thanks in advance!

On 7-3-04, I had been drinking at the townhouse, and yes, I was intoxicated. I went outside with a beer, to my car which was parked in the parking lot out front, set the beer on top of the car, and leaned into the front passenger side to plug my cell phone into the charger. A Henrico county officer pulled up and was sitting there for a minute or so. I walked up to the car to see if he needed help. He asked if I had seen anyone lighting fireworks. I replied no, but that it wasn't unusual to hear them on any given night during the summer. He then asked what I was doing, and I explained. He then asked me to pour my beer out, hand over my license, and wait by my car. He came back and placed me under arrest for being public intoxication. I was never read my rights, and I don't know if it is worth arguing over or paying the fine. I wasn't argumentative or rude. I personally think that this situation is overkill on the officer's actions. He could've just told me to go back inside since I was the only one outside at that time of the morning, not bothering anybody...


Asked on 7/05/04, 2:22 am

1 Answer from Attorneys

Michael Hendrickson Law Office Michael E. Hendrickson

Re: Intoxicated while in public...in front of my townhouse

You would appear to be correct in all of your assessments of the situation. (Needless to say,

one should never approach a police officer under circumstances such as these.)

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Answered on 7/05/04, 7:47 am


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