Public Intox

[SPIDERSS]

What is the name of your state? AR
Had a few drinks at a bar then had a friend drop me and my wife off at our car. Not sure if we had enough for a DUI so we slept in our car for about and hour before the Police knocked on our window and then arresed us for public intox. Now my question is if we are in our car keys not in switch doors locked are we in public? And is it best to just pay the fine or fight the charge? And what would be best in the long run. Thanks John

 

[HomeGuru]

What is the name of your state? AR
Had a few drinks at a bar then had a friend drop me and my wife off at our car. Not sure if we had enough for a DUI so we slept in our car for about and hour before the Police knocked on our window and then arresed us for public intox. Now my question is if we are in our car keys not in switch doors locked are we in public? And is it best to just pay the fine or fight the charge? And what would be best in the long run. Thanks John

**A: was the vehicle parked in a private or public area? Were there any tests conducted to determine the intox?

 

[SPIDERSS]

Yes parked in a retail shopping parking lot. No test were done.

 

[CavemanLawyer]

A car is a public place if it is located in a public place. You can certainly fight this charge. The State has to prove that you were so intoxicated that you posed a threat to either yourself or others. Take that to a jury and ask how you were threatening anybody while sleeping in your car.

The facts you stated are certainly enough to support a conviction, but that doesn't mean there are very many juries that would convict under those circumstances. I'd take my chances personally.

 

[SPIDERSS]

If I plead not gulity and take to court and lose will the plenty be anymore than just pleading gulity and paying the fine? I know you can't answer that completely just want your opion in the matter.

 

[HomeGuru]

If I plead not gulity and take to court and lose will the plenty be anymore than just pleading gulity and paying the fine? I know you can't answer that completely just want your opion in the matter.

**A: what? Read your post and use a dictionary for proper spelling.

 

[SPIDERSS]

Sorry in a hurry when I wrote last message. Anyway my question was if I plead not guilty and fight the charge, then loss will the fine be more than just pleading guilty and paying the fine. Trying to decide to fight charge or just pay fine.

 

[HomeGuru]

Sorry in a hurry when I wrote last message. Anyway my question was if I plead not guilty and fight the charge, then loss will the fine be more than just pleading guilty and paying the fine. Trying to decide to fight charge or just pay fine.

**A: try again.

 

[SPIDERSS]

I have a notice to appear in court on February 15th. If at that time I plead guilty the judge assigns a fine plus court cost. However if I plead not guilty they set a court date at which time I have a chance of fighting charge. I think this is how it works. Now my question is if I plead not guilty on the 15th go back to court and lose will the fine be more than if I just plead guilty on the 15th and pay the fine plus court cost. Thanks

 

[xylene]

I have a notice to appear in court on February 15th. If at that time I plead guilty the judge assigns a fine plus court cost. However if I plead not guilty they set a court date at which time I have a chance of fighting charge. I think this is how it works. Now my question is if I plead not guilty on the 15th go back to court and lose will the fine be more than if I just plead guilty on the 15th and pay the fine plus court cost. Thanks

If the fine is discretionary, it is possible.

Please post the exact charge, so that we may look it up. IE the exact stataute / section you are being charged with. This should be a number.

It is possible, that at or before trial you may be offered a lower charge. A lawyer can help with this.

Being found not guilty, or at least only a guilty plea to a non-alcohol charge would be to you advantage.

 

[SPIDERSS]

Here is the number 5-71-212. Thanks for all your help.

 

[xylene]

5-71-212. Public intoxication — Drinking in public.

(a) A person commits the offense of public intoxication if he or she appears in a public place manifestly under the influence of alcohol or a controlled substance to the degree and under circumstances such that:

(1) The person is likely to endanger himself or herself or another person or property; or

(2) The person unreasonably annoys a person in his or her vicinity.

(b) Public intoxication is a Class C misdemeanor.

(c) A person commits the offense of drinking in public if the person, other than in a place of business licensed to sell alcoholic beverages for consumption on the premises, consumes any alcoholic beverage:

(1) In any public place;

(2) On any highway or street;

(3) Upon any passenger coach, streetcar, or in or upon any vehicle commonly used for the transportation of passengers; or

(4) In or about any depot, platform, waiting station or room, or other public place.

(d) Drinking in public is a Class C misdemeanor.

(e) The provisions of this section shall not be construed to prohibit or restrict the consumption of an alcoholic beverage when consumed as a part of a recognized religious ceremony or ritual.

Were you drinking in public? (Open booze in car?)

It is possible the police viewed your sitting in the car as intent to drive and dengerous...

Penalties 1st offense: Class C Misdemeanor: Jail Time - No more than 30 days; Fine - No more than $100.

In all honesty a brief probation is massively more likely than any jail time.

 

[SPIDERSS]

Not drinking at time no booze in car.

Not going anywhere keys on center console freinds had droped us off at car after leaving club. Had a few drinks so decide to rest a few mintues before driving home and fell asleep ,not past out made this very clear. I drank two beers, one mixed drink and one shot in 4.5 hours and wife had one had two drinks in same time frame. Charged us both first offense and not so much as a speeding ticket on either record. I am in my late thirty's and wife is thiry.

Did have a scrach on my face from shaving but very small and had small amout for blood on my shrirt from that. Only few drops on a white shirt.

Just trying to fiure this whole thing out I did get a lawyer and will see him Monday.

Thanks again for all your help.

 

[seniorjudge]

I don't see how being passed out in a non-operable car could be a danger to anyone.

Post back with results.

 

[tbud333]

You know, its getting to be damned if you do and damned if you don't. Don't drive after drinking. Probably should have had your friends take you home and pick up the car in the morning , but you had two choices, drive drunk or sit and sober up. Tell a jury this and I bet they let you off, I would.