QUESTION
What should I do if I was charged with public open intoxication while I was in the passenger seat?
Asked on Oct 19th, 2014 on Criminal Law - Oklahoma
More details to this question:
My boyfriend and I were coming back from October fest. We got in a car accident. I passed out in the passenger seat while he was driving. Someone called the police and arrested both of us. They did some sobriety tests on my boyfriend but nothing for me. The fire fighter that arrived first said that I could just call my parents to pick me up then a police officer said that they were going to take both of us in. They got me for public open intoxication even though I wasn't driving and I was asleep in the car when we got into the accident. They did not read my Miranda rights.
1 ANSWER
You hire an attorney to represent you. Public intoxication is being intoxication out in public, as contrasted to your private home or a friend;s private residence. If you were passed out in a car on a public roadway, that would appear to qualify as conditions which support the charge. All is not lost, but the fact you were not driving is meaningless as driving as nothing to do with the offense. You mention someone saying call your parents. If you are a minor, you could face additional problems due to under age drinking. Go get you an attorney. Many of us do provide a free initial consultation.
Answered on Oct 21st, 2014 at 8:31 AM