public drunkeness

charged in my own home for public drunkeness,cop said i appeared to be drunk,that i could cause injury to my self,or others, never took me to jail or a breathalizer,just sent a citation, how could they prove that? if they didn’t test me? This is after I was physically abused by spouse, hit on the head.police never asked me to go the hospital

Asked on June 2, 2009 under Criminal Law, Pennsylvania


J.V., Member, New Jersey Bar / FreeAdvice Contributing Attorney

Answered 11 years ago | Contributor

Based on the limited facts you provided I think you need to contact a local attorney who can help you handle the many apparent issues, (i.e. citation, abusive spouse). At this point I do not exactly understand why an officer was at your home unless called due to a domestic disturbance called in by a neighbor or another individual. If you appeared drunk and the officer never asked to verify or do anything other than issue the citation you should look into the situation further with an attorney

As for the abuse if you did not address that issue and or refused to go down that path an officer may not be liable for having not addressed it himself. Although this issue becomes tricky depending on other circumstances which is why you really should at least call for a consultation with a local attorney

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