last week at a sonic restaurant, at a walk up menu board I tried to place an order through the speaker. After placing order I wanted to confirm order and give my name. No real good response (garble) and noise from the area around me. I kept on repeating my request by pushing the button and tryingagain and again. yes I was yelling into the speaker, no swearing. Finally the manager came out, I askher if she was the night manager and she said yes. I ask what the problem was with my order being taken, she ask me to leave. I was started to leave when police showed up. I explained what I thought was the matter and was going to leave,Told since they were called I was not just going to leave. I co-operated and ask all questions. I was asked if I was drinking? my answer was yes 2 beers between 5:45 and 7:30 pm. With some water besides. They did a field test and I must of passed. not charged but on ticket says while voluntarily intoxicated. Officer he was going to drive me homeand then give me my ticket.
This is my first offense, I had a couple of cold beers after a 14 hr bad day at work. I am a diabetic so being drunk can not happen. I am 58 yrs old. I go to court tomorrow at 1: 30 pm. Been gone working for the last 5 days, check my mail and found a lawyer letter.
WHAT should I expext in court tomorrow, Parma Ohio
please help.
What does this have to do with this message board?
Reported for forum change.
WAY ahead of you.
Here’s hoping this’ll do better in IMHO.
I’m not a lawyer and I have no idea what you can expect in court.
Disorderly conduct is a misdemeanor in the fourth degree in Ohio. That’s the lowest level. It appears you can get a maximum of thirty days in jail. Plus a twenty dollar court fee.
My suggestions:
- Remain calm at all times.
- Listen to what people tell you. Especially what the judge tells you.
- Explain what happened.
- Answer any questions you’re asked.
- Don’t argue with the judge.
It’s always two beers.
Several years ago at our Sonic my wife ordered a shake and two slushes for her and our daughters. 35 minutes later she pressed the button and asked what was taking so long. The manager came out and yelled at her and said if she didn’t leave he’d call the police. She later found out from one of her students who worked there that he regularly had teenagers work off the clock for tips only.
She called the district office to complain. They told her they’d had numerous complaints and he wouldn’t be there much longer. About two months later they were under new management.
Play the diabetes. Prove you have diabetes, it sometimes makes you sound drunk.
Whatever you do, plead your innocence. Do not take a plea…No Matter what.
Do not do this
Seriously? The judge asks him a question and you’re suggesting he should refuse to answer?
One of my drinking buddies is diabetic. He drinks Straub Beer. By the case.
I think the OP is better off not taking legal advice from a message board.
I wasn’t there and don’t know what happened, but as someone whose been running a store I’m always amazed that when it comes down to “If you don’t leave I’m going to have to call the police” their answer is almost always to stand their ground and say “Fine, call them then”
Here’s the thing people, when the store calls the police, you’re not going to win. Short of the manager attacking you, if I want you gone, the cops are going to remove you. It sucks, but that’s the way it works, and if you start fighting it or getting loud that’s when words and phrases like ‘disorderly’ or ‘resisting’ or ‘have you been drinking’ start getting tossed around. Also, something else to remember, when you are at a store or restaurant, you are not in a public place. A public place is a library or a park or a courthouse, you are in a privately owned building and can be asked to leave for any reason at all (except for protected ones).
Word to the wise: If it gets to the point that someone says “If you don’t leave I’m gonna call the cops”, swallow your pride and walk away. If the cops do show up, just leave. If you’ve had anything at all, even a drop, to drink, walk away, come back later for your car, don’t even tell them it’s yours.
I’ve been doing this for a long time, I promise, this is the best way to handle it. Just walk away, don’t yell and scream, don’t tell them why you have the right to be there, don’t come back tomorrow (that’s trespassing). Just leave.
er, um,…how can anyone offer any advice without knowing the contents of the ‘lawyer letter’?
With so little to go on, I’d suggest the following; plead not guilty, blame the diabetes, malfunctioning machine, and a foul mood from a 14hr shift. Keep every other thing out of it.
If it’s truly your first time before a judge, I’d bet you get off.
Excuse me?!
From the context, it appears to have been his appearance ticket.
I meant to say that I have learned that my sugar level will spike if I have more than 2 beers over a 4 hour period. So I know I can’t have any more then 2.
Some free advice for the future:
If a police officer ever asks if you’ve been drinking, your answer should never be yes.
if you haven’t been drinking, feel free to answer no.
If you have been drinking, “I’m not going to answer that” (or even stone-cold silence) is a better response than voluntarily incriminating yourself.
That just means you shouldn’t have more than two beers.