What can I do to get a resisting arrest by fleeing dropped?

Asked over 5 years ago - Ozark, MO

I was camping and had to much to drink. I went to sleep and woke up being tazed. I guess officers pulled in to check on us and tried to wake me up and I, still asleep, jumped up yelling to leave me alone and tried to walk to the creek. I guess the officer told me to get down and I kept trying to walk and he tazed me before I got 5 feet from my tent.

Attorney answers (1)

  1. Answered . Respectfully, you need to discuss the entire incident with an experienced criminal defense lawyer admitted to practice law in MO before you go to Court or make any decisions on how to resolve this matter. Your facts seem to indicate a complete lack of comprehension of what the officers were asking you to do based upon intoxication. The problem, is that your facts do not indicate sufficient facts to determine whether pathological intoxication (which is a defense) would apply to this case; or, whether you were merely voluntarily intoxicated (which is not a defense). Consult with the lawyer as soon as possible to see if the full facts will support the defense or some other basis to get a dismissal or downgrade. Good luck.

    Disclaimer: The above answer does not constitute legal advice, attorney advertising, or establish an attorney-client privilege; and, is offered for the limited purpose of educating the requester as to the potential legal issues they need to discuss with a lawyer in their State. I strongly recommend you discuss this situation with an experienced criminal defense lawyer admitted to practice law in your State before you make any decisions as to how to proceed. Do not presume that any legal analysis that may apply in NJ where I practice would apply in your State or under the facts and circumstances of your case, unless an attorney admitted in your State advises you that it applies to you and your case.

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