Pub intox, disorderly conduct and interfering with emergency call

[Adam_a]

On a public transportation bus that travels bewteen salt lake city utah and wendover Nevada. A friend of mine we will call him Tom ends up throwing up on the bus from having too much to drink. We are on our return to salt lake city and are somewhere bewteen slc and wendover Nevada it is about 230 am. The bus driver says that Tom has to get off the bus. At the next truck stop. At first he tries to fight it saying that they cannot live him in the middle of the desert. Another friend we will call him bob. Decides if Tom is getting kicked off the bus that he will get off the bus with him. The bus driver says she will call the cops because they were making a scene while getting kicked off the bus. Bob tells her to please call the cops because he doesn't want to be stuck in the middle of desert especially when it's night, snowing and close to 25 degrees outside. The bus driver calls the police bob reaches for the cell phone to talk to the police or so the bus driver says. The cop shows up on the scene and talks to everyone on the bus. Everyone tells the cop that the whole sitution has been blown completely out of proportion. After about a hour and half of sitting outside in the cold bob says to Tom. It bleeping freezing out here the cop gets mad and put both bob and Tom in handcuffs and puts them in her police car putting bob in front seat and Tom in back. The cop starts to drive the car and bob and Tom have no idea where they are being taken bob then asks if she can undo his cuffs for second so he may put his seat belt on cause it is still snowing a bit and very foggy on the freeway. The officer says no and that he will be fine without his seat belt because a cop is driving the car. The cop ends up taking them back to wendover and drops them
off at a casino and gives them both a ticket for public intox. But bob also gets interfering with a emergency call and disorderly conduct. I find the public intox very weird because the bus they got kicked off of. Allows alcohol to be drank on it and is proud of it claiming they are the only one in state of Utah. Just wondering how this situation should be fought in court. And if my friend needs to hire a lawyer.

 

[Adam_a]

Forgot to mention neither bob or Tom were ever given a brethlyzer test. Or any type of sobriety test

 

[cyjeff]

You can get a public intox ticket in a bar on the strip in Vegas.

Being allowed to drink is NOT a license to be a drunken boob.

Your "friend" blew chunks on a bus. No one is happy about that. How would you like to smell some guy's partially digested shrimp and beer buffet at 2:30 in the morning... and for the next 5 hours?

Vomiting in public is one of those hints that make police think "I many have a public intox on my hands." Police call vomit on a bus a "clue".

As for the rest... your friend was going to be put off at a stop. Was this a truck stop? Was there another bus due to come along?

 

[CdwJava]

On a public transportation bus that travels bewteen salt lake city utah and wendover Nevada. A friend of mine we will call him Tom ends up throwing up on the bus from having too much to drink.

Yecch!

The cop ends up taking them back to wendover and drops them
off at a casino and gives them both a ticket for public intox.

Okay. They were cited and released in a public place.

But bob also gets interfering with a emergency call and disorderly conduct.

Okay.

I find the public intox very weird because the bus they got kicked off of. Allows alcohol to be drank on it and is proud of it claiming they are the only one in state of Utah.

Just because they SERVE alcohol does not mean you have a right to be intoxicated and cause a scene.

Just wondering how this situation should be fought in court. And if my friend needs to hire a lawyer.

If the DA pursues the case and files charges, your friend should probably get an attorney. The situation is best fought with an attorney.

What you need to show in court depends upon the specific code sections for which he has been charged. The state has to prove the elements of the offenses for which he has charged, and the state must demonstrate this beyond a reasonable doubt. Being inebriated and causing a scene is usually sufficient for the public intoxication and disorderly conduct charges. If one of them gave the cop a hard time, I suppose that's the interference charge.

Even without a chemical test, the state can probably show intoxication based upon the officer's observations and those of any witnesses who saw you drinking. No sobriety test o chemical test is required for these sorts of offenses.

It is very possible that the state may not even pursue the charge deciding, instead, that the matter has been effectively resolved. But, if charged, they should seek legal counsel.

 

[Adam_a]

I understand the one kid that threw up yes. Give him public intox but the other kid had no clues to being drunk. There was no more scheduled busses coming threw that area and I believe it was a rest are if that makes any
difference. Thanks for help

 

[CdwJava]

I understand the one kid that threw up yes. Give him public intox but the other kid had no clues to being drunk.

I suspect he had the odor of alcohol on his breath and emanating from his person, correct? If he had NOT been drinking, why would he have bothered taking the drinking bus? The aroma of alcohol is likely sufficient to support the alcohol consumption element of any offense charged.

 

[Adam_a]

Even though it is the drinking bus it is a
much cheaper way to get to wendover and comes with many free benefits.

 

[CdwJava]

Even though it is the drinking bus it is a
much cheaper way to get to wendover and comes with many free benefits.

So ... is he going to be able to take the stand and honestly claim that he did not have anything at all to drink? If so, maybe he can plead to disorderly as opposed to public intox.

 

[Adam_a]

Thanks for help so far guys. Another question is disorderly conduct basically the same thing as public intoxication. Just one is sober and other is in a drunk state. And can you be charged for both if so?

 

[HighwayMan]

They are not the same thing and yes, you can be charged with both.

While it's true many intoxicated individuals become disorderly, the two don't necessarily go hand in hand.