TX: Public Intox Charge

What is the name of your state?
Texas.

I was asleep in my car with keys in the glove box and had a sherif set off my car alarm to wake me. He then arrested me for PI.

How should I plead?

How can i be viewed as a harm to myself or others when asleep?

Thank You.

[rmet4nzkx]

You were charged with public intoxication.

Did the officer wake you up while asleep in your bed or in a public place?

Were you intoxicated? You didn't deny it.

Just because the keys were in the glove box doesn't mean that you might not wake up before you were sober and drive your car and thus become a hazzard to yourself and others, or that you were not a hazzard before pulling over to sleep.

So while sleeping it off at the side of the road may be better than you at the wheel, better options existed, such as having a non drinking friend drive you home, take a cab, not drink in a place where you cannot get home safely or not drinking at all. Please let this be a wake up call and get help before something worse happens.

Does anyone have any advice that might be of use?

Did he have any reason to stop at my car while parked legally?

As mentioned, I did not pose a threat to myself or others asleep in my car.
It is not the place of an officer to assume what might happen next. If that was the case then we might see a system with far less civil rights and an even larger chunk of our rights taken away.

Could the action of the officer in setting off my car alarm (2+ times) be viewed as a police brutality? 120+ db of sound for that amount of time can and has been proven to cause damage to the ears.

[I AM ALWAYS LIABLE]

Originally Posted by reposed

What is the name of your state?
Texas.


How should I plead?

My response:

Guilty.

IAAL

Prior poster,

You do not have a gold card, and have no reason to respond.

[CdwJava]

Originally Posted by reposed

Did he have any reason to stop at my car while parked legally?

Yes ... you were asleep in a public place - this is unsusual and often a sign of a major medical condition, drug use, or alcohol intoxication ... any of which would necesitate some kind ofintervention.

As mentioned, I did not pose a threat to myself or others asleep in my car.

Sure you did ... you were asleep in a place where you became at increased risk to be a victim; where you would be a risk to the public if you tried to drive; where you might suffer from some form of medical infirmity based upon your condition ... etc.

It is not the place of an officer to assume what might happen next.

He didn't have to. The law gave him the authority. If you don't like it. change the law to allow drunks to stagger about and pass out where they wish.

If that was the case then we might see a system with far less civil rights and an even larger chunk of our rights taken away.

Which is why the law gives them the authority ... it's not the officer's ability at prognostication.

Could the action of the officer in setting off my car alarm (2+ times) be viewed as a police brutality? 120+ db of sound for that amount of time can and has been proven to cause damage to the ears.

Okay .. I nearly fell out of my chair when I read this one!

The answer is ... no! If that's the case, I would have had my neighbors arrested a dozen times for their alarms going off.

Be thankful he tried what he did ... had you not awoken, he might have chosen to break open your window to ascertain your medical condition. And if it took TWO TIMES of your alarm going off for you to wake up then you were pretty well pickled! And how many minutes does it go off before it resets??

You were drunk ... you got caught. Be thankful that nobody got hurt.

Carl

[Shay-Pari'e]

Originally Posted by reposed

Prior poster,

You do not have a gold card, and have no reason to respond.

You are so correct. I myself have been banned for continuing to use the red card. It was green, then "WALA" it was red. I for one would appreaciate being notified of the new secret color when it is enacted.

Now it's Gold? That is just not fair.

[ptlmejo]

My thoughts?

You're lucky you didn't get hooked for OWI.