I was in a car and we got pulled over. The driver had been drinking (yes, stupid on my part...was not completely aware he had been drinking so much). The cop asked if i had been drinking, (I had, and said yes) and he gave me an underage consumption (understandable) and a PUBLIC INTOXICATION. Can I get a public intox for just sitting in a car? I wasnt yelling or anything, I actually didnt say a word unless the cop asked me a question. Any comments? I have a lawyer to fight it and all, but just wondering what others think. Thanks!
2007-10-21 12:48:50 · 9 answers · asked by bamagirl 2 in Politics & Government ➔ Law Enforcement & Police
grounds for public intoxication (which is what I got) is being disorderly in a public place, being an annoyance to others. The law also states many places where you can get a public intox, and a car is not stated anywhere.
2007-10-21 13:31:37 · update #1
Since the Officer was the only one to observe you, you might have a good chance to beat the one charge.
2007-10-21 12:56:13 · answer #1 · answered by CGIV76 7 · 1⤊ 2⤋
The first answer is correct - in Indiana, Georgia and some other states all he must do to qualify is be visible to the public, even if on private property and fail a sobriety test -either breath or field testing and he is on his way to jail. Now I realize that he could have been asleep in his Rv and out of sight and none of this would have happened, however, the law allows for very vague qualifications of public so in your garage with the door up, on the porch etc. all qualify. They do not need any other cause to enter private property. He has almost no chance of dismissal except through a pretrial intervention program if your area has one. He needs a lawyer and he needs one badly. Law listed below: There is the little issue of his drinking. No too many adults drink to the point where they are locked out of their own house, forgot the keys or whatever and try to sleep it off in the car. Alcohol clearly is having a harmful effect upon his life - the textbook example of a person with a drinking problem. So instead of worrying so much about his arrest you and his family, need to consider addressing the root issue.
2016-05-24 01:55:26 · answer #2 · answered by ? 3 · 0⤊ 0⤋
Yes, in most places, you can. I used to volunteer with a program for first time offenders, and many of the cases that were referred to us were under-aged drinkers. And unfortunately, honesty wasn't the best policy in this case: since you admitted to having been drinking, that will be used against you in court. If it ever happens again, tell the officer you are under-age and want your parents or an attorney present during all questioning. It's your legal right as a minor, so take advantage of it.
You might want to see if your area has some type of intervention program through the state's attorney's office or other legal organization. (In our area, it was called "Adult Intervention," but teens were eligible in many cases.) If so, try to get your case referred to them. If you're accepted, you usually end up doing public service work, but the offense will be removed from your record as if it never happened.
2007-10-21 13:30:15 · answer #3 · answered by Wolfeblayde 7 · 1⤊ 0⤋
It is time to stop and think. How does it look for an underage girl to be intoxicated, and in a car with a drunk driver? Evaluate what you are doing. Take the responsibility, face the music. Get out of the party scene. Concentrate on your studies. Buy the A.A. Big Book, and read stories of others who started their alcoholism at a tender age, and progressed to a full fledged drunk with their lives in shambles a few years later. Good luck and take care.
2007-10-21 13:14:59 · answer #4 · answered by Anonymous · 0⤊ 1⤋
Public Intoxication is different than Drunk and Disorderly... two completely different charges.
Just as they driver of a car that is an adult has a legal limit of .08 % BAC.... if the driver is a minor, or under 21, they can get a charge of DUI with any concentration of alcohol in their system.
So, you were drinking / drunk and in public, right?
2007-10-21 13:06:01 · answer #5 · answered by Dog Lover 7 · 1⤊ 3⤋
1. In a public place, i.e. sidewalk, street, business, in a car on the public street.
2. Under the influence of alcohol or other substance.
Next Question.....
2007-10-21 14:01:58 · answer #6 · answered by Anonymous · 2⤊ 1⤋
Publix intox is applicable to someone who drink liquor while still underage even when not driving.
2007-10-21 12:54:51 · answer #7 · answered by FRAGINAL, JTM 7 · 2⤊ 1⤋
you shouldn't have been drinking in the first place.
2007-10-21 13:00:03 · answer #8 · answered by Spoken Majority 4 · 2⤊ 0⤋
Stay awayy from the booze...its a killer
2007-10-21 14:52:53 · answer #9 · answered by Robert M 1 · 3⤊ 0⤋