Monday, July 5, 2010

It's Just One of Those Things

I had a case where my client was charged with public intoxication. My client was the passenger in a car that had been pulled over because the driver was suspected of driving under the influence. The driver & my client were both arrested.
I wanted the charge dropped. After all, my client wasn't in public - he was in a privately owned car. The officer didn't have to arrest my client. The officer could have called one of my client's (sober) buddies to come & get him. The DA disagreed, saying the officer had no such duty to do that & that the charge was valid. The charge was dropped due to my client having other more serious charges but when I got back to the office, I did some research hoping to be able to prove the DA wrong. What I found was case law to support the DA's position that the charge was valid, the rationale being that the car being on a public roadway was enough for the charge of public intoxication to stand.
The moral of the story: if you're going to get drunk, stay on private property!!! (Though it'll be tough for you to get home for a while)...

1 comment:

  1. Interesting and just to make it better. One can also be charged with public intoxication in their own yard or on their porch; if they are within view of the public eye.