how can a police charge a person with public intoxication if that person is in their own personal vehicle sleep?
This person WAS parked in a private parking lot at a local ampitheatre, but he did not have his keys in the ignition. The cop woke this person up and charge him with public intox.
This person was intoxicated but he chose to sleep it off rather than drive home drunk.
Can anyone verify if this charge is valid or not?
2006-10-16 14:38:46 · 19 answers · asked by Monica S 1 in Politics & Government ➔ Law Enforcement & Police
Yes,it is a valid charge.A friend of mine got arrested for the exact same thing.Any area that can be accessed by others is considered "public".
2006-10-16 17:52:38 · answer #1 · answered by stellablue1959 5 · 0⤊ 0⤋
This is a valid charge, and so would be driving under the influence, even if he was not driving. If the person has what is called actual physical control of the vehicle, meaning he is in the car and so are the keys, it does not matter if the car is running, or where the keys are as long as they are in the car. For the public intoxication, he was in public and intoxicated.
2006-10-16 15:13:40 · answer #2 · answered by MyGirlfriendLikesMyBaldHead 2 · 0⤊ 0⤋
I would imagine public intox is the easier of the charges to prove. Intoxication is not conditioned on whether or not you're awake, i.e., if your drunk in public, your drunk. The more tricky charge is dwi/dui - if the officer found you behind the wheel even without the keys in the ignition a jury could conclude that you drove the vehicle. Factors: if no one else was in the car with you, someone saw you drive, you admitted it, you were on the side of the road (and not in the parking lot of the bar you were, etc.
2006-10-16 14:46:48 · answer #3 · answered by cadillacbus2005 1 · 1⤊ 0⤋
If someone is so intoxicated that they can't get home via a friend or a cab, then they are too drunk to be in public.
Unless the parking lot was owned by this person charged, they are still guilty of public intoxication.
To get a true opinion on the validity of the charge, speak to an attorney.
2006-10-16 14:59:13 · answer #4 · answered by volleyballchick (cowards block) 7 · 0⤊ 0⤋
In a private lot... NOT of that person's possession, see the vehicle was parked in a local ampitheatre parking lot... making the subject subjective to a ticket for public intoxication. Sorry that is the law.
Sad thing is a friend called his car in one night had too much to drink said it would be parked in a "private lot" informed them he would pick it up in the morning, and he walked home. Not only did they hunt him down and ticket him for public intoxication (walking drunk home) but they also towed his car.... It's not always fair but it's the law.
2006-10-16 14:44:53 · answer #5 · answered by razzyrascal 3 · 2⤊ 0⤋
Yes it is valid, and I will tell you why. With the rash of litigation in this country that goes along with people not wanting to be responsible for their own actions any more, cities cannot afford to let anyone go who is in the least bit limited in thier normal ability to take care of themselves.
OK, cops find the guy in the car in the parking lot (that IS out in public, private lot or not). He is drunk. So they leave him, and 5 minutes later the guy decides to drive away, or gets out and staggers down the road, and ends up in an accident. Guess who will be held liable - the Police will because they found him in that condition and should have protected this individual from himself and society from him as well.
We don't like it anymore than anyone else does either - creates a lot of unncessary paperwork, assache, and hard feelings, for what usually amounts to nothing that would have been any more serious than a hangover.
2006-10-16 18:40:45 · answer #6 · answered by APRock 3 · 0⤊ 0⤋
I think it is valid cause the person intoxed was in a area that is accessibly by the public. But i would ask someone with experince with your state laws. Here in Canada if the keys Were inside the car with you & not in the ignition you can be charged with DUI (In control of the keys inside of the car.)
2006-10-16 14:41:55 · answer #7 · answered by Anonymous · 4⤊ 0⤋
Yes he was not charged with driving while intox, only public intox. And he was in the public area and he was intox.
I would say that it could stick but most likely not much of a punishment
2006-10-16 14:50:35 · answer #8 · answered by Anonymous · 0⤊ 0⤋
just call the PD and ask a generic question. I think the key is "having the keys in the ignition" not to be charged with dwi but public intoxication, sounds right
2006-10-16 14:53:53 · answer #9 · answered by wingedladyk 3 · 0⤊ 0⤋
YES!! BTW, that is not a private parking lot at the local
ampitheatre, that is public parking.Therefore, the charge is valid!!!
2006-10-16 14:44:40 · answer #10 · answered by Vagabond5879 7 · 1⤊ 0⤋
Even if the keys are not in the ignition, if they are in his possession he can theoretically wake up and decide to drive off. So yes, he can be charged. Whereas if somebody else outside of the vehicle has his keys, they are not in his immediate possession so more than likely he wouldn't be charged.
2006-10-16 15:31:03 · answer #11 · answered by ? 5 · 0⤊ 0⤋