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Thread: Facepalming just ain't good enough.

  1. #1
    Regular Member DrakeZ07's Avatar
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    Facepalming just ain't good enough.

    So! I found out something today. Literally, this morning. In an Email a legal eagle friend sent me.

    So, make a couple years ago, while at a camping trip with some friends down in the red river gorge. We had all gotten a bit drinky and was enjoying each others company and some cheap beer a friend had brought in by a truckload. (Literally, the back of his pickup was loaded with lite beer). O think I told this before. Long story short, we got tipsy, and drunk. Game Wardens come up to inspect the camp sites, saw us all talking and partying around the fire. Searched us, our vehicles, and packs, and gave people breathalyzers. Those of us who flatly refused the breathalyzer was given Public Intoxication tickets, class B misdemeanor, Violation of KRS 525.100. [These was federal game wardens, not staties/locals].

    So, anyway! a few months back I had written a friend because while applying for a job, it came up that in my background check, that I had received, and paid off in a timely manner, a ticket for P.I., which got me denied a key job. So, I wrote a friend to see if they could make sense of it.

    Lo, and behold, here's what he came up with.

    http://www.lrc.ky.gov/statutes/statute.aspx?id=19929
    KRS 525.100, Public Intoxication.
    (1) A person is guilty of public intoxication when he appears in a public place manifestly under the influence of a controlled substance, or other intoxicating substance, excluding alcohol (unless the alcohol is present in combination with any of the above), not therapeutically administered, to the degree that he may endanger himself or other persons or property, or unreasonably annoy persons in his vicinity.
    (2) Public intoxication is a Class B misdemeanor.
    Sadly, my friend said my time frame to have a legal proceeding to fix the error on behalf of the feds, and give me a potentially fat wallet as well, died the minute I sent in the $75 money order to pay the ticket. My friend, who isn't a lawyer, but a paralegal, advised me to appeal any and all future Misdemeanor tickets involving Public Intoxication if I was drinking, if I was 100% sober and just refused a breathalyzer, and give a local attorney a call.

    The things I would have done if I'd known about these things back then. I'd probably be a millionaire from all the cops I would have sued the ever-lover-sheet out of.
    I'm a proud openly gay open carrier~
    Trained SKYWARN spotter, and veteran Storm Chaser.
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    Beware the Pink Camo clad gay redneck.

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    Sounds like there is more to the story then just drinking and partying around a camp fire.

    Could there have been very loud and obnoxious behavior involved to?
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    Regular Member solus's Avatar
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    too early in the morn and mis-posted
    Last edited by solus; 02-09-2014 at 10:29 AM.
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  5. #5
    Regular Member DrakeZ07's Avatar
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    Quote Originally Posted by Firearms Iinstuctor View Post
    Sounds like there is more to the story then just drinking and partying around a camp fire.

    Could there have been very loud and obnoxious behavior involved to?
    12 gay guys, drunk, alone in the woods, on a Thursday night, on Indian Creek rd in the Gorge, We was the only campers around that miserable place. But as to your first part, all of us are very anti-drug, and anti-weed. I just wanted to make my post to be helpful to others, so they know to fight charges for themselves when they are in the clear anyway.

    Look, the ticket I had may have been a $75 dollar fine, but I would have paid near 2 grand$ to fight it and prove the ticket written in violation of the aforementioned statute, was arbitrarily and wrongly written. Before anyone goes out camping, or fishing, with or without booze, learn, read, and know the law when it comes to public intoxication, disorderly conduct, and "contempt of cop", and especially the law on harassment. AND designate one person to be the designated talker for your group, sober, and give them homework of all the documents you have, as something to do while you're drunk and getting laid.

    Also, appearently the statute involving harassment, under KRS, can be applied to anyone who curses at, or makes a profane geasture to, a LEO. Not my personal experiance, but from what I read of that statute, it made me think if the court cases in federal and SCOTUS that says ya know, profane non-fighting words are protected free speech, are really protected and would be a defense against these PC statutes.
    I'm a proud openly gay open carrier~
    Trained SKYWARN spotter, and veteran Storm Chaser.
    =^.^= ~<3~ =^.^=
    Beware the Pink Camo clad gay redneck.

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