I was recently arrested while jogging. I was given a breathalyzer and subsequently arrested after using profanity directed towards my roommate.
In NC the law is written such that no person may be prosecuted solely for being intoxicated in a public place.
My roommate of a similar level of intoxication was simply allowed to jog home while i spent the next 12 hours in jail
I hope to fight this charge during my court date and restore my otherwise perfect record (not even a speeding ticket)
1) At no point in time were Miranda rights read to me and no form of sobriety test was given other than a breathalyzer, do either of these matter?
2) Is a simple use of profanity in the presence of an officer justifiable as being disruptive?
3) Do I need a lawyer or state appointed?