PI in texas

[jasonder]

A female friend of mine was down on 6th street in Austin, TX. She was told to get in a taxi by a bar owner and she refused. This created some commotion and a cop strolled over and wrote her a Public Intoxication ticket. Is there any defense against it since she didn't want to get in the taxi? Thanks in advance.

Originally Posted by jasonder

A female friend of mine was down on 6th street in Austin, TX. She was told to get in a taxi by a bar owner and she refused. This created some commotion and a cop strolled over and wrote her a Public Intoxication ticket. Is there any defense against it since she didn't want to get in the taxi? Thanks in advance.

I don't think "failure to get in a taxi" is a recognized defense against PI.

[JETX]

Originally Posted by jasonder

Is there any defense against it since she didn't want to get in the taxi?

Based solely on your post, no. The disturbance with the taxi was merely 'notice' to the police of her condition. It is not a defense to the condition.

From the Texas Penal Code:
§ 49.02. PUBLIC INTOXICATION.
(a) A person commits an offense if the person appears in a public place while intoxicated to the degree that the person may endanger the person or another.
(b) It is a defense to prosecution under this section that the alcohol or other substance was administered for therapeutic purposes and as a part of the person's professional medical treatment by a licensed physician.
(c) Except as provided by Subsection (e), an offense under this section is a Class C misdemeanor.
(d) An offense under this section is not a lesser included offense under Section 49.04.
(e) An offense under this section committed by a person younger than 21 years of age is punishable in the same manner as if the minor committed an offense to which Section 106.071, Alcoholic Beverage Code, applies.