Public Intoxication

[Thecase]

Is it lawful for a police officer to give a citation 24 hours later for public intoxication?

 

[racer72]

Because you chose to delete something from the text box when you typed your post, your question cannot be answered.

But in your case I will make an exception because the answer is obvious. The statute of limitations between the time a crime is commited and when the person can be arrested or cited for a misdemeanor is one to two years, depending on your state. 24 hours is nothing.

 

[Thecase]

What about burden of proof? the officer never commenced a field soberity test, would that be grounds for dismissal?

 

[FlyingRon]

A chemical test is generally not necessary.

If you refuse to play by the rules of this board we can not help you.
Indicate the state and the actual charge (statute number).

 

[CdwJava]

So ... he saw you were drunk, drove on by, then came to your house the next day and gave you a citation??

Care to explain what happened? (In addition to adding your state and the statute number ...)

- Carl

 

[Thecase]

Tx 49.02

My car was towed for being a spot that didn't allow parking. The officer ask for my i.d., and the only way I could get it back was to get a ride. I went back to the bar to call someone for a ride, but was unsuccessful. So, I decided to walk home and forgot about my I.D. Next day, I contact the officer to get my i.d. back. Which, I was told that I will be given a citation for public intoxication when I pick it up my I.D.

 

[CdwJava]

I am sure he CAN issue the citation, but it sounds like he'll have a pretty weak case if ti goes to trial. It's kind of hard to argue that you were so inebriated and still allowed to wander about. Generally, you have to be arrested for your own protection.

§ 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.
​

- Carl