Comments on Definition of Public Intoxication - Texas Penal Code Section 49.02 | Austin DWI Lawyer

cynthia.silva@sbcglobal.net (cynthia) — Sun, 30 Sep 2007 00:17:07 -0600

Is it public intoxication if I was on a private patio where I co-habitat with my boyfriend. I had a few drinks earlier in the day, but I was not inibreated. I was in an argument with my boyfriend and was banging on the door and shouting at him to let me in so that I can get my things. Neighbors could hear me and called the police. The office asked my to leave and I wouldn't. He pulled me out of the patio and arrested me and charged me with assault and public intoxication. I believe the officer was wrong in chargin me with public intoxication because I was on a private patio of where I co-habitat with my boyfriend. The assault charge is bogus because I assaulted no one. I sat in jail for about 24 hours. I have court on Oct 4, 2007. I will plead not guilty because the state has no evidence that I was actually intoxicated at all. The slip on where I am being charged with assault has no person's name on it as to who I assaulted. I will plead not guilty to this also. Nobody was named as the victim of my assault and like I said I assaulted no one. I believe the office just wanted to make sure that I suffered and wanted to make my life hell because I refused to obey his orders to leave the premises. What do you think of all this. Could I get the public intoxication charge thrown out or dismissed? The state has the burden of proof to prove that I was intoxicated. I may have been loud and angry that night and the officer probably should of just charged me with disturbing the peace, but he should have not charged me with what he did. Is a private patio of a townhome a public place?

cynthia.silva@sbcglobal.net (cynthia) — Sun, 30 Sep 2007 00:19:24 -0600

biltilk@verizon.net (Bill Tilk) — Thu, 10 Jan 2008 08:45:03 -0600

My step daughter was pulled over by Southlake Police suspected DWI. She passed a sobriety test but refused to take further tests. She was arrested and went to jail. Her boyfriend, a passenger, had been drinking and decided not to drive. Police told him to get out of the vehicle and then was arrested for public intoxication. He did nothing to provoke the situation. I think his civil liberties were violated. In a hearing, the prosecuter basically said they really didn't have anything on him and offered to return $100 of the $325 he was forced to pay and put him on probation for 6 months. He decided to go to trial with a jury. What do you think?

breesebreesebreese@yahoo.com (Brenda) — Mon, 16 Jun 2008 13:39:33 -0600

Cynihia,
I am in Texas and the same thing happened to me. I to will be fighting this charge. I was not loud, or bothering anyone. My adult kids hate that I have a few beers from time to time and were harassing me. They are the ones that created this mess. Yjru should have been charged with harassment and assust because they took my money and cell phone and would not give it back to me. They were wrong and I have disowned them because of what they have done.

breesebreesebreese@yahoo.com (Brenda) — Mon, 16 Jun 2008 13:40:10 -0600