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Discussion Starter · #1 ·
Long story short got pepper sprayed in Austin on 6th street. Short story, did nothing to invoke it, mouthed off at some guy who happened to be a different race then me after me shouldered my wife because he was belligerent.

Got tackled, punched once (not hard, no marks) and then chaos ensued as pepper spray came from no where. Cops standing near by ran over and peppered us both.

Never was hostile with the officers, new my role and played it cool, still got arrested, never breathalizered, never had a chance to speak with magistrate, never had a chance to face my accuser, do not think that at any point (until possibly at the jail itself) I was read my miranda rights, never given access to make 1 free call (pay phone was a collect call only so could not contact a cell phone, only numbers I know by heart, was not given a chance to look through my phone for lawyer or anyone else's home number).

Have witnesses who are willing to testify that the officers never said anything or asked anything or even just said stop prior to running up and pepper spraying the shit out of me.

What do you think? I am going to go fight it either way but any google search I do turns up no results on the best defense for being pepper sprayed.

Was arrested for Disorderly Conduct (Fighting). Held for 10 hours, not in a cell, just in a room with about 200 Public Intoxicators.
 

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Long story short got pepper sprayed in Austin on 6th street. Short story, did nothing to invoke it, mouthed off at some guy who happened to be a different race then me after me shouldered my wife because he was belligerent.

Got tackled, punched once (not hard, no marks) and then chaos ensued as pepper spray came from no where. Cops standing near by ran over and peppered us both.

Never was hostile with the officers, new my role and played it cool, still got arrested, never breathalizered, never had a chance to speak with magistrate, never had a chance to face my accuser, do not think that at any point (until possibly at the jail itself) I was read my miranda rights, never given access to make 1 free call (pay phone was a collect call only so could not contact a cell phone, only numbers I know by heart, was not given a chance to look through my phone for lawyer or anyone else's home number).

Have witnesses who are willing to testify that the officers never said anything or asked anything or even just said stop prior to running up and pepper spraying the shit out of me.

What do you think? I am going to go fight it either way but any google search I do turns up no results on the best defense for being pepper sprayed.

Was arrested for Disorderly Conduct (Fighting). Held for 10 hours, not in a cell, just in a room with about 200 Public Intoxicators.
I see why he was asking.
 

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Long answer: If it was a current fight in progress as they arrived, then that levle of force could easily be justified for the responders' safety. All the rest is just nit-pick shit that never goes anywhere.

Short answer: You're wasting your time.
 

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Worship me
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Did you have to pay any money to get out?
 

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Num say'n? (tm)
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You were involved in a fight and the fight was in progress and in a public place (disorderly conduct). For their safety, the officers aren't going to separate you and ask you to calmly explain your situation. You're fighting in public, you're gonna take a ride.

The only time an Intoxolyzer is used is in a DWI case.

Your "accuser" is the state of Texas. Wanna face your accuser? Set
it for court.

Miranda warning only applies if you're being questioned in relation to a criminal case (questions that establish guilt/innocence). If you weren't questioned, Miranda doesn't apply. Being asked questions like name, address etc are not incriminating questions.

Sounds like you bonded out before you were arrained hence no meeting with a judge. When you bonded out, you signed a form that said you could set the case for court and if you dont, your bond will be forfeited and it will be assumed that you chose not to contest the case.

By your own admission you were fighting in public. Plead guilty and ask for probation or deferred adjudication if this is your first time. Then wise up.
 

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11-05-09
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Well, I'd like to see the OP's rebuttle to this.

You were involved in a fight and the fight was in progress and in a public place (disorderly conduct). For their safety, the officers aren't going to separate you and ask you to calmly explain your situation. You're fighting in public, you're gonna take a ride.

The only time an Intoxolyzer is used is in a DWI case.

Your "accuser" is the state of Texas. Wanna face your accuser? Set
it for court.

Miranda warning only applies if you're being questioned in relation to a criminal case (questions that establish guilt/innocence). If you weren't questioned, Miranda doesn't apply. Being asked questions like name, address etc are not incriminating questions.

Sounds like you bonded out before you were arrained hence no meeting with a judge. When you bonded out, you signed a form that said you could set the case for court and if you dont, your bond will be forfeited and it will be assumed that you chose not to contest the case.

By your own admission you were fighting in public. Plead guilty and ask for probation or deferred adjudication if this is your first time. Then wise up.
 

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Discussion Starter · #12 ·
You were involved in a fight and the fight was in progress and in a public place (disorderly conduct). For their safety, the officers aren't going to separate you and ask you to calmly explain your situation. You're fighting in public, you're gonna take a ride. Ok but without any warning or notification they just run up and pepper spray someone in the face?

The only time an Intoxolyzer is used is in a DWI case. Oh

Your "accuser" is the state of Texas. Wanna face your accuser? Set
it for court. Already did. Coming up soon that is why I am asking.

Miranda warning only applies if you're being questioned in relation to a criminal case (questions that establish guilt/innocence). If you weren't questioned, Miranda doesn't apply. Being asked questions like name, address etc are not incriminating questions.

Sounds like you bonded out before you were arrained hence no meeting with a judge. When you bonded out, you signed a form that said you could set the case for court and if you dont, your bond will be forfeited and it will be assumed that you chose not to contest the case. Never bonded released after 10 hours or so on personal recognizance I would assume. (Sorry to the spelling nazi's)

By your own admission you were fighting in public. Plead guilty and ask for probation or deferred adjudication if this is your first time. Then wise up. Never admitted to being in a fight from what I see. A verbal confrontation does not constitute a fight. Being "attacked" is more of what I would have called it. Never had time to even throw a punch or anything.
Rebuttal.
 

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Worship me
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You were involved in a fight and the fight was in progress and in a public place (disorderly conduct). For their safety, the officers aren't going to separate you and ask you to calmly explain your situation. You're fighting in public, you're gonna take a ride.

The only time an Intoxolyzer is used is in a DWI case.

Your "accuser" is the state of Texas. Wanna face your accuser? Set
it for court.

Miranda warning only applies if you're being questioned in relation to a criminal case (questions that establish guilt/innocence). If you weren't questioned, Miranda doesn't apply. Being asked questions like name, address etc are not incriminating questions.

Sounds like you bonded out before you were arrained hence no meeting with a judge. When you bonded out, you signed a form that said you could set the case for court and if you dont, your bond will be forfeited and it will be assumed that you chose not to contest the case.

By your own admission you were fighting in public. Plead guilty and ask for probation or deferred adjudication if this is your first time. Then wise up.
What is your recommendation if a person gets tackled and punched in the face? Just stand there? Of course he was fighting, he was defending himself.
 

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Damn, this would have been perfect for the forum moderated by me and Al! :headbang:
 

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Thats against the law Man
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in Austin on 6th street.
There's your biggest problem...those flat-foots down there are straight numb to reason of any kind.

Sounds like a crap deal to me, but drawing it out into a fight might just make it into more than it needs to be...sorry to hear it.
 

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Gracie Jiu Jitsu Addict
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What is your recommendation if a person gets tackled and punched in the face? Just stand there? Of course he was fighting, he was defending himself.
Agreed. Just allowing yourself to be assaulted in fear of being arrested is stupid. Some drunken idiot assaults me, be damn sure I'm not going to just let it happen.
 
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