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  1. #1
    Join Date
    Nov 2008
    Posts
    3

    Default Public Intox

    My question involves criminal law for the state of: texas

    I was arrested in a grocery store parking lot for public intox. Some guy called police as he saw me drinking a beer in my car before going into store. I had 2 beers....police came....gave me fst....said I failed took me to jail. I WAS not drunk! I was going to fight this....but now as I understand...I don't have much of a chance....what are my choices? I have hired an attorney who suggested I plead no contest...get deferred adjudication. I requested a copy of tape and arrest report...denied. I just don't feel this is right....or just. Any thoughts?

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

    Default Re: Public Intox

    What's the exact charge against you - the statute citation, or ordinance number and jurisdiction?
    Quote Quoting Texas Penal Code 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.

    (a-1) For the purposes of this section, a premises licensed or permitted under the Alcoholic Beverage Code is a public place.

    (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.

  3. #3
    Join Date
    Nov 2008
    Posts
    3

    Default Re: Public Intox

    citation is public intox 6016 ...richardson TX....pretrial hearing is Dec. 11 I must enter plea before judge...my attorney will be with me

  4. #4
    Join Date
    Mar 2005
    Location
    Michigan
    Posts
    28,906

    Default Re: Public Intox

    You can look up the Richardson municipal code here, and Texas statutes here. If you can find something correlating to "6016", please let us know. Or ask your lawyer to help you out.

  5. #5
    Join Date
    Nov 2008
    Posts
    3

    Default Re: Public Intox

    It is just a public intox....whatever the code....AG came back and denied the request for arrest report and tape...my lawyer said the tape probably was destoyed or there is no copy...my question...what if judge denies deferred adjudication? My lawyer said we should go to trial if that happens....if he approves....I still want to see the tape and arrest report...any thoughts?

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