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  1. #1
    Join Date
    May 2010
    Posts
    2

    Question Public Intoxication

    My question involves criminal law for the state of: Georgia

    My son was arrested for Public Intoxication in a small town North of Atlanta. Its the circumstances that we need assistance with. My son and daughter were at a party at a friend's apartment. My son is of legal age my daughter, no quite. Long story short he lost track of her and when he found her she was passed out. Not knowing why he helped her up and escorted her to a female friend's apartment, in the same complex, where they had arranged for her to spend the night. En-route, she collapsed hitting her head and opening a 2 inch gash in the back of her head. He provide first aid assistance and called an ambulance. When the police showed up the first officer didn't seem like he was going to charge him, but when the Sargent showed up, things changed. He did say he refused to get up and leave his sister un-attended until the paramedics arrived and probably not too politely. He registered a 0.12.

    Here's the question. Our daughter, according to medical personnel was ruffied and was also intoxicated. We would like our son to use the defense that he would not have been in a public place had he not been helping his sister. Nor would he had challenged the officer. He does not want to bring his sister (and friends) into the mix. He feels if he brings up his sister they can charge her with underage drinking, (the hospital did blood tests) or his friends with providing alcohol or even drug charges. Should he be more worried about protecting himself and his future? The fine "sounds" reasonable, about $200. Can they charge our daughter after the fact?

    Thanks for any help or guidance you can provide?

  2. #2
    Join Date
    Sep 2005
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    Posts
    98,846

    Default Re: Public Intoxication

    Presumably he's charged with the misdemeanor offense, O.C.G.A. § 16-11-41?

    Given that he was drunk and had no plan or intention of spending the night at the location where he got drunk, and doesn't even want to identify that location out of concern for getting his "friends" in trouble, it would seem that the claim that he would not have been out in public isn't very convincing. If he was going to leave the party at some point, he was going to be out in public at that point.

    Yes, they can charge his sister after-the-fact, if the hospital reported that she was intoxicated. If he took his little sister to the party knowing she would be drinking, I expect that a prosecutor could find a way to charge him for that as well. (Not that I expect a prosecutor to be dreaming up new ways to charge him.)

    I suggest consulting a local lawyer about his chances of getting a deferral.

  3. #3
    Join Date
    May 2010
    Posts
    2

    Default Re: Public Intoxication

    Thanks for your quick response. Your external point of view is extremely eye opening. We checked on the towns website and he was able to pay the fine on-line. It is a misdemeanor offense and it really isn't worth fighting. He's Paid it and will follow up with the court to make sure he's not on the docket.

    Thanks again,

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