This is going to be fairly long, but I want to describe the whole ordeal. I am just looking for a few opinions. I will be contacting a lawyer that is a family friend to see if I actually have a case, but I like seeing others' experiences and opinions.
Let me set the stage. I attended a rather large motorcycle rally (25,000 people was estimated) over the weekend. A couple of friends and I went to a restaurant around 8 pm and I had one 22oz. coors light. We then went to the rally around 10 or so. There was a concert that night, and during the concert I had another 16oz. coors light (just one). After the concert we went to a bar where I had 2 or 3 more beers. When the bars closed at 2am, we all went outside. As we walked outside, I watched the police literally tackle a guy and cuff him. I am a real happy go lucky guy that doesn't take to many things seriously, so just as a joke I started skipping down the street behind the police as they lead this guy to the car. All of a sudden I hear "you think that's f'in funny?", and next thing I know I am being bullrushed by 3 cops. They slam my head into the concrete, and cuff me. As my face is being rubbed in the asphalt, it is natural instinct to want to put my hands down to lift my body off the ground so that my head isn't being dismantled by the cement. As I am trying to put my hands out, all I hear is "quit your resisting," so my next thought is "oh great, now they are going to nail me with resisting too." I go limp and just let them do their thing. They take me to detox where they ticket me with public intox.
I never received a ticket, but when my gf bailed me out, they gave her a receipt saying that i had been bailed out, and that I had a court date set in a couple of weeks. I did no field sobriety tests and no breathalyzer (although I gave them permission to do one). I have a fairly decent tolerance to beer, and 4 or 5 beers in 5 hours does nothing to me. I felt completely sober and was just looking for a laugh (yes, i know it was still stupid). I now have a large abrasion on my face, a black eye, and a fairly large bump on my forehead. First off, do I have a case to get off of this public intox? Seems pretty open and shut to me, but don't want to pay a lawyer if it is not worth it. If the cop would have simply said "hey, you better quit that!", i would have stopped immediately. Do you think that tackling me without at least a warning was a little aggressive? I have 3 or 4 witnesses that will back me all day, but it will be their word against the cop's word, and we all know how that typically works out. Just looking for a few opinions. Thanks in advance.
Let me set the stage. I attended a rather large motorcycle rally (25,000 people was estimated) over the weekend. A couple of friends and I went to a restaurant around 8 pm and I had one 22oz. coors light. We then went to the rally around 10 or so. There was a concert that night, and during the concert I had another 16oz. coors light (just one). After the concert we went to a bar where I had 2 or 3 more beers. When the bars closed at 2am, we all went outside. As we walked outside, I watched the police literally tackle a guy and cuff him. I am a real happy go lucky guy that doesn't take to many things seriously, so just as a joke I started skipping down the street behind the police as they lead this guy to the car. All of a sudden I hear "you think that's f'in funny?", and next thing I know I am being bullrushed by 3 cops. They slam my head into the concrete, and cuff me. As my face is being rubbed in the asphalt, it is natural instinct to want to put my hands down to lift my body off the ground so that my head isn't being dismantled by the cement. As I am trying to put my hands out, all I hear is "quit your resisting," so my next thought is "oh great, now they are going to nail me with resisting too." I go limp and just let them do their thing. They take me to detox where they ticket me with public intox.
I never received a ticket, but when my gf bailed me out, they gave her a receipt saying that i had been bailed out, and that I had a court date set in a couple of weeks. I did no field sobriety tests and no breathalyzer (although I gave them permission to do one). I have a fairly decent tolerance to beer, and 4 or 5 beers in 5 hours does nothing to me. I felt completely sober and was just looking for a laugh (yes, i know it was still stupid). I now have a large abrasion on my face, a black eye, and a fairly large bump on my forehead. First off, do I have a case to get off of this public intox? Seems pretty open and shut to me, but don't want to pay a lawyer if it is not worth it. If the cop would have simply said "hey, you better quit that!", i would have stopped immediately. Do you think that tackling me without at least a warning was a little aggressive? I have 3 or 4 witnesses that will back me all day, but it will be their word against the cop's word, and we all know how that typically works out. Just looking for a few opinions. Thanks in advance.
