Page 1 of 2 1 2 LastLast
Results 1 to 10 of 12
  1. #1
    Join Date
    Dec 2007
    Posts
    9

    Question Public Intox Charge

    23 year old, Active Duty Navy, arrested in Norfolk, VA after passing out in a government truck. I was robbed of my wallet and cell phone, so i laid down in my truck in a 7-11 parking lot. Police showed up a few hours later, took my robbery report, then arrested me for public intox. I did not blow, i spend 8 hours in jail, spoke with the magistrate who gave me a court date that i could waive if i paid a fine of $91. Under what conditions does a public intox stand without an actual BAC?

  2. #2
    Join Date
    Mar 2005
    Location
    Michigan
    Posts
    28,906

    Default Re: Public Intox Charge

    Did you plead guilty? That's all it takes for a conviction to stand.

  3. #3
    Join Date
    Dec 2007
    Posts
    9

    Default Re: Public Intox Charge

    sorry, i see that public intox doesnt actually need a BAC, only the evidence of being under the influence are needed, plus the fact that i obviously wasnt able to protect myself, but its not like im going to fight a dude in a bad neighborhood for my wallet, He can have it!

  4. #4
    Join Date
    Dec 2007
    Posts
    9

    Default Re: Public Intox Charge

    i said i had been drinking that night, but .. i didnt specify if it was 7 hours ago, or 1..

  5. #5
    Join Date
    Mar 2005
    Location
    Michigan
    Posts
    28,906

    Default Re: Public Intox Charge

    What I asked was, did you plead guilty. Did you?

  6. #6
    Join Date
    Dec 2007
    Posts
    9

    Default Re: Public Intox Charge

    ok, ok. If the cop asked me, 'sir are you intoxicated?' and i said 'yes'.. then it doesnt matter?

  7. #7
    Join Date
    Dec 2007
    Posts
    9

    Default Re: Public Intox Charge

    im sorry, i'm dumb. thanks for your time.. heh

  8. #8
    Join Date
    Mar 2005
    Location
    Michigan
    Posts
    28,906

    Default Re: Public Intox Charge

    You stated that you were offered the opportunity to pay a fine to resolve the charge. When you spoke to the magistrate and paid the fine, did you plead guilty to the offense of public intox?

  9. #9
    Join Date
    Dec 2007
    Posts
    9

    Default Re: Public Intox Charge

    ooh, i have not gone in yet. i have like three more weeks before court, but he said i can pay the fine before then and not go to court if i want.

  10. #10
    Join Date
    Mar 2005
    Location
    Michigan
    Posts
    28,906

    Default Re: Public Intox Charge

    Presumably the police will testify that you appeared intoxicated, with the usual list of signs - drowsy, glassy eyes, slurred speech, poor coordination, odor of intoxicants, etc. - as well as your admission that you had been drinking. That's probably enough to convince a court. There is probably also an inventory of your appearance which was taken when you checked into the jail.

    If you wish to fight the charge, your lawyer can get the police report and the intake sheet from the jail, to see what they say or suggest about your level of intoxication.

    1. Sponsored Links
       

Page 1 of 2 1 2 LastLast

Similar Threads

  1. Public Intoxication: Questionable Public Intox Charge
    By JmJups in forum Criminal Charges
    Replies: 3
    Last Post: 07-12-2010, 10:33 PM
  2. Public Intoxication: Public Intox
    By Tdee in forum Criminal Charges
    Replies: 2
    Last Post: 02-05-2010, 06:28 PM
  3. Public Intoxication: Public Intox Charge in Texas but Not in Public
    By dawg612 in forum Criminal Charges
    Replies: 3
    Last Post: 08-26-2009, 02:18 PM
  4. Public Intoxication: Public Intox Charge (Under 21)
    By choesx in forum Criminal Charges
    Replies: 4
    Last Post: 02-23-2009, 08:55 AM
  5. Wrongful Public Intox, Open Container Charge
    By ginazgreat in forum Real Estate Ownership and Title
    Replies: 2
    Last Post: 01-13-2008, 04:52 AM
 
 
Sponsored Links

Legal Help, Information and Resources