For example Iowa law states ""a person shall not be intoxicated or simulate intoxication in a public place." Intoxicaton being " the state of being affected by one or more psychoactive drugs." Which is what is happening even if you consume a single beer, it will affect you given the makeup of alchohol even if that affect can only be measured in scietific analysis. If so, why does the state allow the restaurant to serve it at all? If a cop wanted would the state allow them to arbitraily pick a restaurant... arrest every person who consumes alcohol and take them down to the local jail and get strip searched (which is commonplace in most bookings)....All be it impractical, is it techincally legal...must people merely rely on the "good nature" of cops and lack of availibity of resources and manpower to avoid such treatement when having a budweiser at the local Applebees???
2007-09-11 07:57:42 · 8 answers · asked by V for Vendetta 1 in Politics & Government ➔ Law & Ethics
A restaurant is private property. Therefore you cannot be "publicly" intoxicated.
2007-09-11 08:28:08 · answer #1 · answered by kontrolfreak66 6 · 0⤊ 0⤋
Well, I guess we'll have to debate the working definition of "affected" before we can decide if everyone who has a glass of wine before dinner is breaking a law.
Then, we will need to discuss the notion of enforcement of a law and the reality that although laws are enacted, they are not enforced 100% because it would be impossible and impractical in many cases. The laws exist to influence behavior. For some people the very fact that there is a law about something is cause enough for them to obey it and avoid the penalty. For others, it might be a challenge to see if they can get by with a violation and no punishment. A prime example is speed limits. Many violate; few are punished.
2007-09-14 21:19:23 · answer #2 · answered by Kraftee 7 · 0⤊ 0⤋
Not so much the lack of manpower as the lack of a good, sustainable reason to arrest someone and use police resources taking care of it when there is actual crime going on. There are a lot of laws like that, when charges are added on for one real purpose, which is to enhance other crimes.
2007-09-11 15:06:07 · answer #3 · answered by Hillary 6 · 0⤊ 0⤋
Yes, we live in a society where we have passed so many laws that it is difficult for ordinary citizens to avoid breaking the law. I have had this discussion with others before, how long can you go without breaking a single law? Most people that I know consider themselves law abiding citizens but do not go more than a week or so without breaking some law. We need to rethink what we criminalize so that we can prosecute the real criminals.
2007-09-11 15:05:03 · answer #4 · answered by Anonymous · 0⤊ 1⤋
Having a few drinks is not considered public intoxication. The police only take you in for public intoxication if you causing a disturbance or are a risk to yourself or others.
2007-09-11 15:06:14 · answer #5 · answered by sandy_dfw 3 · 1⤊ 1⤋
Bars and restaurants are not public places. Public places refers to streets, parks, etc.
2007-09-11 15:06:17 · answer #6 · answered by Jason 2 · 1⤊ 1⤋
did you get picked up for dwi or what is your problem. nobody is holding a gun to your head and making you drink. people who drink do so willingly. and if a cop stops you he'll smell it on your breath. so don't drink and drive.
2007-09-15 14:40:36 · answer #7 · answered by Loren S 7 · 0⤊ 0⤋
No
2007-09-11 15:05:52 · answer #8 · answered by Anonymous · 0⤊ 1⤋