QUESTION

What do I do to if I was caught throwing up and was charged with underage consumption and public intoxication?

Asked on Oct 01st, 2014 on Criminal Law - Indiana
More details to this question:
A few weeks ago, I was sitting on a curb and throwing up. I looked up and a first-year bike cop was there. He immediately called for a squad car. When the car arrived and they asked me to breathe into a Breathalyzer. I refused, and then proceeded to enter a test of the eyes (follow finger with light shining in my eyes). While they were bringing me in, I stated that I believe I have been unknowingly drugged multiple times and asked to be taken to a hospital. Throughout all of this, I never heard or acknowledged any Miranda rights. I was brought into the station and was asked to take a Breathalyzer. I was told that this was to make sure I don't have to go to the emergency room. I asked if this is admissible in court. The jail officer answered no. I asked if I do I have to take this. She said that they can force me to blow into this. I blew a 13.7 and spent the night in the drunk tank. I threw up almost a dozen times in the cell and asked to see a doctor while in jail because I said I was coughing up blood. I saw a nurse who asked me what color the blood was and then went back to my cell. I was charged with public intoxication and underage consumption, and would like to fight the charges based on police negligence for not sending me to the hospital when I explicitly said I thought I had been drugged and on the basis of my 5th amendment rights were violated. I was offered pre-trial division including $500 fine, 4-3 hour classes, and 10 hours community service. I would like to fight this case and would like someone's two cents. Thank you.
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1 ANSWER

Criminal and General Civil Litigation Attorney serving Warsaw, IN
3 Awards
My 2 cents is take the diversion. You have no case based upon either them not reading you your rights or jail negligence. If you want to fight it based upon an illegal stop, you may have an argument there, but the diversion would guarantee no criminal conviction. No attorney will guarantee that they will win your case, and if they do, they are lying.
Answered on Oct 02nd, 2014 at 11:15 AM

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