Potential Defenses to Public Intoxication Charges If the defendant causes property or personal damage while in a drunken state, additional charges apply. And municipal corporations and counties may pass laws to punish public drunkenness or disorderly conduct within their respective limits. Defenses that are several may be raised by defendants to public intoxication charges in Georgia. Most of these focus on revealing that there is little or no evidence to support at least one of those elements of this crime, as explained previously. “Personal property” includes the property and buildings surrounding a private dwelling. This usually means that a defendant that, for example, stumbles into or passes out in someone’s back yard while may be detained for the offense of drunkenness even though the person wasn’t technically in public. Not drunk. Not a public location. Laws punishing intoxication differ widely among states. Other alcohol-related issues may also apply to your case, although this article discusses Georgia intoxication law. For instance, if you’re at a bar and have too much to drink and end up hitting someone and getting angry, you might face assault charges. Or if you leave the bar and try to drive yourself home, you could be detained for drunk driving (also known as “driving under the influence” or “driving while intoxicated”). To being under the influence of drugs, and laws use. Or appearing in an indecent condition (such as naked or partially nude) or performing an indecent act (for instance, public urination).
What is Public Intoxication?
Penalties include up to a year in jail, a fine of up to $ 1,000, or both. A defendant may challenge the prosecution’s proof that’s being offered to demonstrate that he was being boisterous, profane, vulgar, or loud, supplying witnesses of his own or by questioning the witnesses. If the prosecution is asserting that the defendant was naked or performing an act, the defendant may offer a similar challenge.
Georgia Public Intoxication Laws
A defendant may argue that he wasn’t intoxicated at the time of this arrest. However, because juries and judges tend to believe the testimony of the arresting officer, this defense can be hard to substantiate unless the defendant has concrete evidence (such as a blood alcohol test) demonstrating that he wasn’t intoxicated. Defendants aren’t entitled to blood alcohol tests when they’re detained (nor do officers have to administer them to substantiate the charge).
Public Intoxication Penalties Even if the consequences are relatively mild, consider consulting with a defense lawyer who is familiar with the way these cases are handled in your area, if you’re charged with violating a public intoxication law. An experienced lawyer can help you recognize the charges against you, explain your options, discuss and safeguard your rights.
Another possible defense is revealing that the arrest wasn’t made in a public place, or that the defendant was in the time of arrest in a public location. For instance, a defendant arrested for public intoxication, and subsequently might not be ordered out of his house by a law enforcement officer and onto the sidewalk.
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