Public Intoxication arrest on Private Property

[payme_rick]

Man I just love our law enforcement here in Jackson County, TX...

Situation:

Last Friday night around the time our local waterin' hole out in BFE was closing down, my buddy's sister went outside to smoke a cig and wait on a friend to come and pick her up... she's been going through a bad time so she was kinda emotional and doin' some snifflin' by a tree and smoking her cig... The sheriff's deputies came to the parking lot and arrested her for Public Intoxication... that's the story I have...

Is it just me, or does PUBLIC Intox (2) on (+) PRIVATE Property (2) not add up (=4)?

Now my bud's sister is good friends with the bar owner and the barmaids, so the deputies weren't called because she was disturbing anyone etc... they just come up to the parkin' lot a little too often for my taste...

they came up to me in the parkin' lot about 4 or so months ago and asked if everything was alright... I looked around, saw a couple talkin' by their car and one guy walkin' in... I said "yes, looks cool"... they say "well we just saw some people in the parking lot" and I interrupted, quite pissed-off I might add and said, "well this is a parkin' lot"...

Wish I would have been there...

anyway... thoughts? what should she do? I told her not to take it, I told her she needs to talk to the judge but she's got that "it's just the way it is" mentality that I used to have in regards to law enforcement etc... I almost feel like goin' and talkin' to the sheriff and judge myself...

gunna write some editorials to the big paper around here...

[phill4paul]

Unless she was on property that was owned by a non-profit establishment that had a private membership license then she was on public property.
At least that is how the state deems it in N.C.
That is why smoking is banned here in all restaurants and bars unless they are non-profit private establishments.

[payme_rick]

Unless she was on property that was owned by a non-profit establishment that had a private membership license then she was on public property.
At least that is how the state deems it in N.C.
That is why smoking is banned here in all restaurants and bars unless they are non-profit private establishments.

I was worried that could be the case... not sure how it is in Texas, I'll have to dig around...

thanks...

[pcosmar]

Unless she was on property that was owned by a non-profit establishment that had a private membership license then she was on public property.
At least that is how the state deems it in N.C.
That is why smoking is banned here in all restaurants and bars unless they are non-profit private establishments.

That is just sick.
By that logic they could walk in and arrest everybody sitting at the bar. :(

[mrsat_98]

So enlighten us as to how she was a danger to herself or others ?

[brandon]

I fought a public drunkeness offense 2 years ago and won.

First thing you need to do is plead not guilty. Then look at the exact language of the charges against you. Then you may need to look up some legal definitions in your state (such as public), and any historical precedent involving them

[Matt Collins]

That is just sick.
By that logic they could walk in and arrest everybody sitting at the bar. :(
That's the idea of a police state: everyone is guilty of something and they just selectively enforce it! :mad:


.

[phill4paul]

That's the idea of a police state: everyone is guilty of something and they just selectively enforce it! :mad:


.

Everyone is guilty because there are so many laws.

Everyone on RPFs tonight has broken the law. Whether they are aware ot not. Remember ignorance is no excuse.

Why just today I am sure I hit an off key while listening to my headphones. In the great state of N.C. that is against the law. An old one never enforced but still on the books.

[payme_rick]

First thing you need to do is plead not guilty. Then look at the exact language of the charges against you. Then you may need to look up some legal definitions in your state (such as public), and any historical precedent involving them

Well it was just last weekend so she's got time to do her plea/send in ticket money etc... I told her last night she better not pay it until I get back to her or I'll kick her ass and they'd have a real reason to arrest someone ha...

any more information would be great...

appreciate it...

[Matt Collins]

It one has to ask whose property we are dealing with? Is it your land, or the government's land? Is it your body, or is it the government's body?


.

[brandon]

Some of the details about my public intoxication case are here: http://www.ronpaulforums.com/showthread.php?t=181176&highlight=court

If you have specific questions I'll be glad to answer them.

[payme_rick]

thanks again, by...

under state law the bar is considered a public place because it is "a premises licensed or permitted under the Alcoholic Beverage Code is a public place."...

under state law someone is considered Publically Intoxicated "if the person appears in a public place while intoxicated to the degree that the person may endanger the person or another."

I hate the "intoxicated to the degree that" part... seems to suggest she may have been in a straight jacket and tied to the chair but she was intoxicated enough to endanger herself or another if she were not tied to a chair and in a straight jacket...

don't think there's much hope for her here, still gunna write the papers about how horrible it is that someone can be arrested for being intoxicated on the premises of A BAR...

[phill4paul]

That is just sick.
By that logic they could walk in and arrest everybody sitting at the bar. :(

Yes it is and yes they can.

[phill4paul]

under state law someone is considered Publically Intoxicated "if the person appears in a public place while intoxicated to the degree that the person may endanger the person or another."


Pre-crime is a bitch. No?

[payme_rick]

Pre-crime is a bitch. No?

sho nuf

[KCIndy]

anyway... thoughts? what should she do? I told her not to take it, I told her she needs to talk to the judge but she's got that "it's just the way it is" mentality that I used to have in regards to law enforcement etc... I almost feel like goin' and talkin' to the sheriff and judge myself...



The most effective thing you could do for her, if you can afford it, is to hire an attorney who specializes in this sort of case.

If you can't afford to hire someone for full representation, you might at least be able to find a sympathetic attorney with whom you could consult (depending on your location and the attorney in question, you might be able to buy an hour of his/her time for $200 to $500). In a relatively short consultation, you might be able to find out:

A) were the police within their rights to arrest your friend's sister?

B) what is her best legal recourse? Should she plead guilty and pay a fine or
fight the charge?

C) If she pleads not guilty, what is her best strategy to win the case? Are there
exceptions in the law? Any loopholes? Did they test her BAC to *prove* she
was intoxicated?

Last, (and again depending upon where you live) are there any universities or law schools around? Sometimes law students will offer free legal help. There also may be some law firms which offer pro bono assistance depending on the economic circumstances of the accused.

Good luck!

Let us know what happens!

[phill4paul]

I've heard that if the arresting officer doesn't show up at trial then the charges can be dropped.

[ghengis86]

I've heard that if the arresting officer doesn't show up at trial then the charges can be dropped.

true, at least for things like a speeding ticket (happend to me; he didn't show and since it was only my side, the magistrate dismissed it).

is public intoxication a civil or criminal charge?

[phill4paul]

true, at least for things like a speeding ticket (happend to me; he didn't show and since it was only my side, the magistrate dismissed it).

is public intoxication a civil or criminal charge?

Civil I believe.

[payme_rick]

is public intoxication a civil or criminal charge?

I believe criminal as a misdemeanor... class C here in Tejas

[payme_rick]

The most effective thing you could do for her, if you can afford it, is to hire an attorney who specializes in this sort of case.

If you can't afford to hire someone for full representation, you might at least be able to find a sympathetic attorney with whom you could consult (depending on your location and the attorney in question, you might be able to buy an hour of his/her time for $200 to $500). In a relatively short consultation, you might be able to find out:

A) were the police within their rights to arrest your friend's sister?

B) what is her best legal recourse? Should she plead guilty and pay a fine or
fight the charge?

C) If she pleads not guilty, what is her best strategy to win the case? Are there
exceptions in the law? Any loopholes? Did they test her BAC to *prove* she
was intoxicated?

Last, (and again depending upon where you live) are there any universities or law schools around? Sometimes law students will offer free legal help. There also may be some law firms which offer pro bono assistance depending on the economic circumstances of the accused.

Good luck!

Let us know what happens!


Thank you for your reply...

by texas law it seems the deputy was well within his rights to arrest her... #1 the bar is considered a public place and #2 she blew...

[phill4paul]

I believe criminal as a misdemeanor... class C here in Tejas

Yea I think I mis wrote. Criminal.

[GreedyHenry]

That is just sick.
By that logic they could walk in and arrest everybody sitting at the bar. :(

They can and do

http://www.chron.com/disp/story.mpl/front/3742462.html

[KenInMontiMN]

Go to jury trial if at all possible. The only reason the state can pursue so much of this stuff is because we enable mass-prosecutions of victimless stuff by copping pleas 99% of the time. Regardless of outcome, jury trial in a sizable number of misdemeanor cases forces the application of better discretion.

[TomAlciere]

In Texas, cops have gone into bars and arrested drunks for public intoxication.

And don't forget that when they arrest innocent, responsible citizens under 21 for internal possession, that's just as bad. The government never had any right to impose the drinking age, no matter what is written on any documents manufactured by any governments.



Man I just love our law enforcement here in Jackson County, TX...

Situation:

Last Friday night around the time our local waterin' hole out in BFE was closing down, my buddy's sister went outside to smoke a cig and wait on a friend to come and pick her up... she's been going through a bad time so she was kinda emotional and doin' some snifflin' by a tree and smoking her cig... The sheriff's deputies came to the parking lot and arrested her for Public Intoxication... that's the story I have...

Is it just me, or does PUBLIC Intox (2) on (+) PRIVATE Property (2) not add up (=4)?

Now my bud's sister is good friends with the bar owner and the barmaids, so the deputies weren't called because she was disturbing anyone etc... they just come up to the parkin' lot a little too often for my taste...

they came up to me in the parkin' lot about 4 or so months ago and asked if everything was alright... I looked around, saw a couple talkin' by their car and one guy walkin' in... I said "yes, looks cool"... they say "well we just saw some people in the parking lot" and I interrupted, quite pissed-off I might add and said, "well this is a parkin' lot"...

Wish I would have been there...

anyway... thoughts? what should she do? I told her not to take it, I told her she needs to talk to the judge but she's got that "it's just the way it is" mentality that I used to have in regards to law enforcement etc... I almost feel like goin' and talkin' to the sheriff and judge myself...

gunna write some editorials to the big paper around here...