Public Intoxication

[jsvycit]

What is the name of your state?TX
The other nite I had a friend drive me home. She was pulled over for a out of date plate and then arrested for similar warrents. I was still sitting in the car and the police asked me to get out. When I got out they charged me with the PI. This was after they did the light in the eye test. I was doing nothing at the time, I was not acting belligerent, I was not swaying, I was just standing there trying to figure out what I was going to do. They put me in the cell for 6 hrs. I woke up from a very bad couple of hours of sleep and tehy march everybody out into a line (me being second) and say you can plead gulity or no contest, pay your fine and get out, or you can plead not gulity and go back and wait in your cell. Of course I did not want to wait in my cell, and thru my own ignorance (not ever expecting to get aressted for not driving drunk) I now have this misdmeanor on my record. Is there anything I can do, or is it too late because I already pled no contest and paid the fine.

Aside from this being a huge scam in my eyes, do I have any rights at all. Next time I will just drive drunk and Get a lawyer. Police should be a little more subjective about this law.

 

[CdwJava]

Well, here's the way it might have played out had they not arrested you. Your friend was arrested ... her car was towed ... you were now stuck in the middle of wherever. Had they let you walk home and you get tagged by a car because you staggered or fell into the road, the officers would be sued because they allowed an "obviously drunk" person to stagger about.

I don't know what the elements of the crime are in TX, but I imagine its similar to here where if a person is essentially unable to care for their own safety or the safety of others then they can be charged with Public Intox. In this case it could have been because it was not safe to let someone who was a little 'tipsy' wander about.

You were in public, and intoxicated ... that may be all that is necessary in TX.

Carl

 

[violetb]

A friend of my son had the same thing happen in Virginia--so I guess the police can do it. Doesn't seem fair--but that's life....

 

[OG_of_Crime_Law]

Public Intoxicated but not Driving

TEXAS PUBLIC INTOXICATION

I was still sitting in the car and the police asked me to get out. When I got out they charged me with the PI. This was after they did the light in the eye test. I was doing nothing at the time, I was not acting belligerent, I was not swaying, I was just standing there trying to figure out what I was going to do.

Public Intoxication Statute of Texas 49.02 Public Intoxication: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.
"Intoxicated" is defined as: not having the normal use of mental or physical faculties by reason of the introduction of alcohol, controlled substance, a drug, a dangerous drug, a combination of two or more of those substances, or any other substance into the body; or having an alcohol concentration of 0.08 or more. An offence under this section is a Class C Misdemeanor. An individual adjudged guilty of a Class C misdemeanor shall be punished by a fine not to exceed $500.00. However, for a minor, the punishment terms are in the same manner as if he committed the offense of Possession of Alcohol by a Minor.

They put me in the cell for 6 hrs.

In most cases, an individual charged with Public Intoxication (P.I.) will be arrested and spend at least 6 hours in jail. However, a police officer could merely issue a citation and release the individual to the care of an adult who agrees to assume responsibility for the individual. But they didn't do that with you. They wanted the money.

I woke up from a very bad couple of hours of sleep and tehy march everybody out into a line (me being second) and say you can plead gulity or no contest, pay your fine and get out, or you can plead not gulity and go back and wait in your cell. Of course I did not want to wait in my cell, and thru my own ignorance (not ever expecting to get aressted for not driving drunk) I now have this misdmeanor on my record.

Pleading No Contest has a general important advantage in that it cannot be used against you in a civil case (not the case here). Just something to keep in my mind in terms of pleas. However, it also takes away your chance for APPEAL. As well you should have pled NO CONTEST WITH AN EXPLANATION thereby asking the judge to WITHHOLD ADJUDICATION or SUSPEND THE SENTENCE with no CONVICTION (altho the arrest shows up) ON YOUR RECORD and NO POINTS ASSESSED ON YOUR LICENSE.

Is there anything I can do, or is it too late because I already pled no contest and paid the fine.

Well you lost your right to an APPEAL with your plea. Ignorance of the law hurts. I've been thru it enough myself.

Did you have a case? Hmmm. Doesn't seem so. You had a designated driver (one who's own credibility as a witness would have been tainted by her own problems). You failed a standardized field test. Granted, they could have let you sleep it off and sent you home but hey that wouldn't be right now would it? Better to make you pay a fine, then you just might THINK about having the nerve to have a Designated Driver drive you home. The point is to get drunk and drive yourself home. They could have given you credit for having the friend drive you. These days it just depends who's meting out the punishment.

Next time make sure your DD is kool and if they have you by the short hairs you might want to consider pleading No Contest and ask for Adjudication. That's been my experience

Future good luck

"They say Lady Justice is blind but i do believe the old girl is peeking."

 

[jsvycit]

I dont buy it

Not to disrespect you CdwJava, but I dont buy that. If the officers would have told me, I needed a ride or they were going to arrest me, I would have glady got a ride. As it was that is exactly what I would have done. I was to far to walk home. They did not even give me chance to get a cab. Like I said the officers need to use a little subjectivity. Im sure cops deal with plenty of people and know the signs of the true trouble makers.

This is still looking like a scam to me!! Im not sure what to do about it, but hopefully I can find something.

 

[jsvycit]

Thanks OG

Thanks for the info OG. One more thing. Can I get this off my record?? I work in a industy that will not like a misdemeanor on my record. If not, how long does it stay on my record???

Thanks again

 

[CdwJava]

Not to disrespect you CdwJava, but I dont buy that. If the officers would have told me, I needed a ride or they were going to arrest me, I would have glady got a ride. As it was that is exactly what I would have done. I was to far to walk home. They did not even give me chance to get a cab. Like I said the officers need to use a little subjectivity. Im sure cops deal with plenty of people and know the signs of the true trouble makers.

This is still looking like a scam to me!! Im not sure what to do about it, but hopefully I can find something.

Well, I don't know how it works in TX, but in CA arresting someone for public intoxication COSTS us money ... we do not MAKE money on the deal. SO I don't see the scam.

And its also not the job of the police to arrange for taxi services. If you are not safe to leave there by your lonesome, than you are good to take to jail. There are too many variables that can happen if they just decide you are a good fellow and let you walk home ... you can get hurt, you can get mugged, you can get in to a car and drive, etc.

Too many times we get burned trying to discern who will be a problem or who won't be. Therefore, we have to follow the law and department policy to keep ourselves safe.

If you feel that your rights were somehow violated, scrape together the money and sue them. I can't imagine you will succeed, but you can certainly try.

Carl

 

[OG_of_Crime_Law]

Misdemeanor on record

Can I get this off my record??

Well, if you had pled No Contest with ADJUDICATION you would have had a shot at MOTION FOR EXPUNGEMENT. Texas law provides that one arrested for a criminal offense may, in some situations, expunge the record of his or her arrest. This can be done only when the person (1) was not indicted for a felony arising from the arrest, or (2) was indicted for a felony, but the indictment was dismissed due to mistake, false information, or other absence of probable cause.

If the person seeking the expunction meets one of the above requirements, he or she may be eligible for an expunction provided all the following are true: the person has not been convicted of a felony within the five years preceding the arrest sought to be expunged, the person was not convicted of the criminal offense for which he or she was arrested, and the person was not ordered by a court to complete community supervision (probation) for that crime.

HOWEVER YOU DON'T MEET THE ABOVE REQUIREMENT. one arrested for a Class C misdemeanor (such as speeding, public intoxication, or minor in possession) may have the arrest expunged ONLY if he/she receives deferred adjudication for the alleged offense. Deferred adjudication means a final conviction is not entered against the defendant while he or she completes a probationary period. Thereafter, the charge is dismissed, but the arrest remains on the defendant's record unless expunged.

I work in a industy that will not like a misdemeanor on my record. If not, how long does it stay on my record?

Indefinitely.

However, after all of this i would still contact the Court Clerk, Criminal Division. You may still be able to get it Expunged after 6 months(that's a little loophole. look into it).
Good luck

"They say Lady Justice is blind but i do believe the old girl is peeking."

 

[violetb]

Does this work only in Texas--what about Virginia

 

[sailor]

What is the name of your state?TX
The other nite I had a friend drive me home. She was pulled over for a out of date plate and then arrested for similar warrents. I was still sitting in the car and the police asked me to get out. When I got out they charged me with the PI. This was after they did the light in the eye test. I was doing nothing at the time, I was not acting belligerent, I was not swaying, I was just standing there trying to figure out what I was going to do. They put me in the cell for 6 hrs. I woke up from a very bad couple of hours of sleep and tehy march everybody out into a line (me being second) and say you can plead gulity or no contest, pay your fine and get out, or you can plead not gulity and go back and wait in your cell. Of course I did not want to wait in my cell, and thru my own ignorance (not ever expecting to get aressted for not driving drunk) I now have this misdmeanor on my record. Is there anything I can do, or is it too late because I already pled no contest and paid the fine.

Aside from this being a huge scam in my eyes, do I have any rights at all. Next time I will just drive drunk and Get a lawyer. Police should be a little more subjective about this law.

I sympathize wholeheartedly with your situation Texas. What happened to you is common throughout every state in the union, and it's going to get worse. Why? Because law enforcement is a tool of government, and at this hour of US History, alcohol and those who drink it are the easiest marks to find and arrest. The whole nation is behind any law or action that will remove a person from public view if they are found to be under the influence of alcohol. One doesn't even have to be legally drunk .008 BAC in most states, to get themselves arrested. It does seem like a ripoff and a scam the way law enforcement handles an alcohol involved event. Let's put it this way. If you are drinking, you will always be found guilty in a court of law no matter how right you were. The system is hard to win against, unless you know the right people or you have tons of the "green stuff."

 

[OG_of_Crime_Law]

Misdemeanor Expungement in Virginia

Violet, the short answer is yes the same applies in Virginia. But again the Class C Misdemeanor must be adjudicated or suspended sentence taken. This takes into affect, a certain passage of time as well.

VIRGINIA EXPUNGEMENT STATUTE: section 19.2-392.2, section A.2:
Basically, says that currently in Virgina there is no expungement of misdemeanor/felony unless:
1--of acquittal
2--Nolle Prosecui (dismissal)
2--pardon

If something has changed recently the Court Clerk will have the latest update. Also the DA's office (Supervisor of Misdemeanors) can tell you of the latest ruling.

"They say Lady Justice is blind but i do believe the old girl is peeking."