The poster you are questioning has a very hammer/nail approach to all court cases. It’s a little frustrating when he refuses to acknowledge that his strategy which he developed from the one court case he was involved in may not be the right way for every case.
I would suggest that an easily verifiable lie is often not a good way to go. Those who have been drinking rarely understand how strong the alcohol smell is to those that haven’t been.
I’m guessing it was a solicitation for business. Around here with our open records act the ambulance chasers get all the police reports and send out solicitations in the mail. When I got into a minor motor vehicle accident I was sent a copy of the report by 8 different lawyers.
He got the ticket that night.
I’m in complete agreement, which is why I didn’t advocate lying; refusing to answer != lying.
Sonic, eh? Was anyone killed or injured in the shootout?
Silly goose, weapons are not allowed at Sonic.
I’m going by only your one side of the situation. From what you said, when the cops showed up your best response would have been to say something like
“I’m sorry, I’ve just been asked to leave by the manager, I’m not sure why, but I’d like to comply. May I leave, or would you like me to stand around and answer your questions?”
Saying “I’m not going to leave” seems to be why you got the ticket for refusing to leave.
I second Little Nemo’s advice. Remain calm. Plead “not guilty”. Listen carefully to what people say. If someone says something you don’t think is true, don’t yell at them. Explain calmly what you think happened. Stress that you were trying to confirm your order but did not receive a clear response and perhaps the speaker wasn’t working correctly. Don’t say you refused to leave, clarify that you were just asked to leave for the first time when the police arrived and so you remained to answer their questions, but would have preferred to have left.
As for answering questions, it is generally good advice to answer questions, especially from the judge. You are, however, able to not answer or plead the fifth amendment. Note that refusal to answer questions by the judge will not endear you to him. Framing your answers is generally better than refusing to answer in those circumstances.
Judge: "Were you drunk?
Answer: “No, sir.”
Judge: “Had you been drinking?”
Answer: “I had two beers between 5:45 and 7:30, and the incident occurred at 8:30.” [or whatever]
Judge: “Were you yelling into the speaker?”
Answer: “I was having trouble hearing and I assumed they were having trouble hearing me, so I was trying to speak loudly.”
Judge: “Did you keep pressing the call button even after they told you not to?”
Answer: “Not intentionally. If they told me not to over the speaker, I couldn’t understand them because it was garbled.”
Judge: “Did you refuse to leave?”
Answer: “No sir. The manager just instructed me to leave when the police arrived, so I remained because I didn’t want to walk away when they were driving up and look like I was running from them or something. I was fully cooperating.”
Et cetera.