Public Intoxication Charge in Ohio - Can I beat it?

[CdwJava]

Well, it seems he discovered that the party involved all gay men sometime AFTER he stripped naked and jumped into the hot tub. Odd that he didn't figure this out much earlier.

- Carl

 

[justalayman]

Well, it seems he discovered that the party involved all gay men sometime AFTER he stripped naked and jumped into the hot tub. Odd that he didn't figure this out much earlier.

- Carl

Maybe he was testing the waters, both literally and figuratively.

 

[drexel ohio]

I had left the party, quite voluntarily and upon the wishes of the owner of the house.

For those who wonder how I got to a gay party, I went with a HETERO couple, of which there were MANY there. At the point I jumped in the tub, quite a few had left, but NOBODY told me this was a gay thing.

Exactly and add the fact he was not wanted there, there fore could had started a major brawl which happens at parties

 

[justalayman]

Ok. It's your story. Your preferences really don;t matter to me.

 

[CdwJava]

Remaining at a party where you do not know anyone else, and then stripping and getting naked??

Parties in Dayton must be a lot different than the ones I used to attend here in CA. Even theater cast parties in the Castro didn't find strangers getting quite that brazen!

But, as that is neither here nor there, why would you spend an hour just standing in front of a house where you were not wanted? I mean ... why? Seems like a horrendous waste of time, and with the sole goal of tweaking the nose of the people inside. I can see why you got the citation.

Whether there will ultimately be a prosecution has yet to be seen. Hopefully, next time, you will just leave when you are no longer wanted. It's oh so much easier ... and cheaper (attorneys cost money even if you prevail).

- Carl

 

[drexel ohio]

OKAY for once and for all he is guilty.
Here is the proof.

------> OKAY, right now the OP is endangering himself and probably others by not leaving, also OP was intoxicated.

No, I wasn't. If I was, then I wouldn't care.

NOW HERE IS THE LAW:
a person commits the offense of public intoxication who appears in a public place under the influence of a controlled substance or any other intoxicating substance to the degree that:

• The offender may be endangered;
• There is endangerment to other persons or property; or
• The offender unreasonably annoys people in the vicinity.


ALL OF THE ABOVE APPLIED TO HIM
A: He annoyed the people by not leaving when asked

Wrong, I did leave, and left the grounds of the property IMMEDIATELY when asked with no resistance.

I would say, as others here do, that NONE of the above applied to me.

I was not slurring my words, was not disrespectful to the officers, and held a damn steady camera.

B: The offender was endangering himself and others by not leaving(Not saying Offender would had stared a fight but the party goers could had stared a major brawl on this dude with them being drunk and angry he wasnt leaving. Offender already stated they became aggresive towards him)
C: Offender was drunk "Intoxicated"

GUILTY AS CHARGED!!!!!!!!!!!!!!!!!!!!!!!!

Once again, it seems that you haven't read the fact that: I LEFT their property. You seem to be forgetting that I had a full right to be on the sidewalk, and called the police to tell them as much, and that I would not, or was not harassing anyone or disturbing the peace. I sat there in silence until the police arrived.

Not trying to argue with you for the sake of arguing, but you keep making assumptions that are simply not true.

Thanks for your input though. It is greatly appreciated.

Dave

 

[drexel ohio]

Remaining at a party where you do not know anyone else, and then stripping and getting naked??


Parties in Dayton must be a lot different than the ones I used to attend here in CA. Even theater cast parties in the Castro didn't find strangers getting quite that brazen!

I wasn't the only one. I do not deny that I probably made an error in judgement there. But at a party at midnight with all adults, it is certainly not unheard of for people to get naked before jumping in the hottub.

And, I wasn't exactly a stanger. I was invited there by the owner of the home.

But, as that is neither here nor there, why would you spend an hour just standing in front of a house where you were not wanted? I mean ... why? Seems like a horrendous waste of time, and with the sole goal of tweaking the nose of the people inside. I can see why you got the citation.

I will admit guilty to being stubborn and pig-headed, but I don't see where that's a crime.

Whether there will ultimately be a prosecution has yet to be seen. Hopefully, next time, you will just leave when you are no longer wanted. It's oh so much easier ... and cheaper (attorneys cost money even if you prevail).

- Carl

Agreed. Thanks for the input.

 

[CdwJava]

Being stubborn and pig headed can be a crime when you have been drinking and are causing a disturbance while in public. If you were cited for the aforementioned disturbance section, then being in any public place will do ... you were not cited for trespassing, so just leaving does not cut it. Not knowing what evidence the state has, it is impossible to say what the state can bring up. if, during the intervening hour, you were engaging in words with the occupants of the home, then you would seem to be in violation of the section by annoying or disturbing them. While you have a right to travel along the sidewalk unhindered, it is not "home base" in a game of tag that can give you the right to engage in disturbing behavior.

Adding alcohol to pig-headedness (and nakedness) is never a good idea.

As for the naked jumping into a hot tub ... as I said, Dayton must be a pretty open place of males routinely get naked in front of strangers and dive into a hot tub ... frankly, the ONLY place I have heard of that is at gay parties.

Plus ... WHY did you get naked? Didn't you say earlier that you lost your underwear because you changed in to swimming trunks? If you had trunks, why did you get naked? And when did you have time to put them on if you got kicked out after turning down the advances of the foot fondler?

- Carl

 

[drexel ohio]

I asked the police if they minded if I taped, and they said no problem, we can tape you, you can tape us.

What's the big deal about filming the police do their job? They are PUBLIC servants, and as such, are subject to all Sunshine Laws, and that included being filmed while they are in public.

I thought they were quite professional about it. I have no qualms about their behavior, only the citation.

WHAT! Quite professional?

Since when does filming the cops do there job is professional?

Professioanl does not mean filming the cops because you fear the may not do there job

 

[justalayman]

drexel, you need to go back and read the statute. It specifically states:

"In a public place" which youjust stated covers where you were.

and:

engage in conduct likely to be offensive or to cause inconvenience, annoyance, or alarm to persons of ordinary sensibilities

and apparently you were an annoying as all Hell.

So, guilty? most likely.

 

[drexel ohio]

I was not cited for causing a disturbance. When the police rolled up on me, I was quiet as a mouse, and had been for about an hour.

I was not trespassing, as I had left the property to a public place where I had the full constitutional right to be. And as well, I was not harassing or threatening anyone there. Nor was I engaging in any words. I just said that I had the right to be on the sidewalk.

Being stubborn and pig headed can be a crime when you have been drinking and are causing a disturbance while in public. If you were cited for the aforementioned disturbance section, then being in any public place will do ... you were not cited for trespassing, so just leaving does not cut it. Not knowing what evidence the state has, it is impossible to say what the state can bring up. if, during the intervening hour, you were engaging in words with the occupants of the home, then you would seem to be in violation of the section by annoying or disturbing them. While you have a right to travel along the sidewalk unhindered, it is not "home base" in a game of tag that can give you the right to engage in disturbing behavior.

Adding alcohol to pig-headedness (and nakedness) is never a good idea.

As for the naked jumping into a hot tub ... as I said, Dayton must be a pretty open place of males routinely get naked in front of strangers and dive into a hot tub ... frankly, the ONLY place I have heard of that is at gay parties.

Plus ... WHY did you get naked? Didn't you say earlier that you lost your underwear because you changed in to swimming trunks? If you had trunks, why did you get naked? And when did you have time to put them on if you got kicked out after turning down the advances of the foot fondler?

- Carl

I got naked because it's fun to be, and other folks were too. So I made a mistake in judgement. I had time to put them on when I was getting out of the tub, and heading out of the premises. But to be honest, all of this is immaterial, and just part of a great story.

Thanks for the input. It really is helping me put together what I think will be a good case. I'm in the process of finishing my bachelors and am going to law school, so perhaps someday I can use this and the defense I am mounting as a project.

 

[CdwJava]

I was not cited for causing a disturbance. When the police rolled up on me, I was quiet as a mouse, and had been for about an hour.

They were likely acting on the original complaint. You don't have to be annoying in their presence to be accused - or guilty - of the crime.

And since you have yet to post the code section for which you were cited, how do you know WHAT you were cited for?

I was not trespassing, as I had left the property to a public place where I had the full constitutional right to be. And as well, I was not harassing or threatening anyone there. Nor was I engaging in any words. I just said that I had the right to be on the sidewalk.

But, apparently the people of the house complained you were annoying and harassing them ... and, of course, being gay, that may place THEM in a protected class ... hopefully for you, you did not make any derogatory statements.

If they do not testify against you, or the officer cannot articulate your actions as being in violation of whatever mysterious section you were cited for, then the case will be dismissed or you will be found "not guilty".

I got naked because it's fun to be, and other folks were too. So I made a mistake in judgement. I had time to put them on when I was getting out of the tub, and heading out of the premises. But to be honest, all of this is immaterial, and just part of a great story.

Actually, it IS material, because it can all go to show that your judgment was impaired as a result of alcohol ... assuming, of course, you were cited for something involving alcohol.

Thanks for the input. It really is helping me put together what I think will be a good case. I'm in the process of finishing my bachelors and am going to law school, so perhaps someday I can use this and the defense I am mounting as a project.

There will be much better hypotheticals out there if you go to law school ... this one will not be all that interesting.

- Carl

 

[drexel ohio]

Thanks for the input justalayman, but based upon the video, I cannot see where I was any way unreasonably annoying to anyone in the vicinity. No other neighbors complained, and in fact, I sat silent on the sidewalk while I waited for the police to arrive.

I was in no way incoherent, unstable or intoxicated. Nor could it be argued that I was unreasonably annoying anyone, unless you can argue that anyone just being anywhere in public is grounds to claim that they are annoying. I would argue that there has to be some kind of behavioral justification other than "just being there."

Thanks for your advice and input though. It is helpful.

drexel, you need to go back and read the statute. It specifically states:

"In a public place" which youjust stated covers where you were.

and:

and apparently you were an annoying as all Hell.

So, guilty? most likely.

 

[drexel ohio]

I was cited for public intoxication and noting else. Let me look up the precise language of the Ohio code.

I made ZERO derogatory statements, unless you could say that telling the dude playing footsie that that wasn't cool is derogatory.

 

[CdwJava]

I was cited for public intoxication and noting else. Let me look up the precise language of the Ohio code.

I made ZERO derogatory statements, unless you could say that telling the dude playing footsie that that wasn't cool is derogatory.

What was the code section? ... it is that code that will contain the elements of the offense.

I find it very odd that you would be cited for public intoxication and NOT taken into physical custody ... it would seem to put the police in a very precarious position releasing you in a state where you were allegedly unable to care for yourself. Had you been inebriated and stumbled into traffic, the police could have had their pants sued off.

- Carl