Public Intoxication-Texas

[txzach]

Texas
I was issued a citation for Public intoxication and I would like to plead Not Guilty and represent myself at trial. At the time I was under the influence, but I do have witnesses that will testify that I was not "intoxicated to the degree that the person may endanger himself or another person." In fact, I was the one who approached the officers (Texas Alcohol and Beverage Commission) because I had just been assaulted at the bar next door to the one I was at. I have filed an assault charge with the Austin Police Department.

With these circumstances does it sound like I have a chance, and is it worth the time and money to fight? The money is an issue but the principal of the situation is really why I would like to fight the charge.

Also, do I have a better odds with a jury or with the judge? What are the advantages of each?

[seniorjudge]

Q: The money is an issue but the principal of the situation is really why I would like to fight the charge.

A: Well, if it's the principle of the thing, then you need to hire an attorney and file something in federal court. It shouldn't cost you more than $10K and three or four years.


Q: Also, do I have a better odds with a jury or with the judge? What are the advantages of each?

A: You want a jury of drunk or a drunk judge; that way, such critters will be more sympa to you.

[JETX]

Originally Posted by txzach

With these circumstances does it sound like I have a chance

There is nothing in your post to suggest you were NOT in violation of the statute.

and is it worth the time and money to fight?

Depends on how much your time and money is worth.

[Happy Trails]

Originally Posted by txzach

Texas
I was issued a citation for Public intoxication and I would like to plead Not Guilty and represent myself at trial. At the time I was under the influence, but I do have witnesses that will testify that I was not "intoxicated to the degree that the person may endanger himself or another person." In fact, I was the one who approached the officers (Texas Alcohol and Beverage Commission) because I had just been assaulted at the bar next door to the one I was at. I have filed an assault charge with the Austin Police Department.

With these circumstances does it sound like I have a chance, and is it worth the time and money to fight? The money is an issue but the principal of the situation is really why I would like to fight the charge.

Also, do I have a better odds with a jury or with the judge? What are the advantages of each?

You have witnesses that were probably drinking too. Do you think the court is going to believe them over the police officers observation.

From Texas statutes:
§ 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.

§ 12.23. CLASS C MISDEMEANOR. An individual adjudged guilty of a Class C misdemeanor shall be punished by a fine not to exceed $500.