Definition of Public Intoxication - Texas Penal Code Section 49.02
§ 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.
(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.
In a Public Intox case is the driveway of your residence considered a public place?
in a PI, how is it proven if no type of test for level was done to say that a person is intoxicated. is the burden of proof the officers statement while the person was standing in front of their own apt.door?
I was issued a public intoxication in my former place of business where I was the only person there. Yes, by myself, noone with me. Getting ready to clean. How can that be considered a public intoxication? I was never asked about having a ride home but my car was being borrowed by my father and he was to pick me up. Is that right? Literally all alone, by myself noone closer than 50 feet in a bar where they were watching sports very loudly. Seriously.
I was arrested twice in my apartment complex. I hired an attorney, and went to my first trial by jury. Because of the interpretation of law, I was found guilty and fined $1. The apartment complex is gated with NO TRESSPESSING signs. Even though I was two feet outside my door (cops asked me to step outside), it is considered a common area within the community. Okay, so what? I would like to appeal it because there was no evidence that I was ever was a danger or would ever be a danger.
I think the law is just a way for the police to abuse their powers and infringe on your freedoms.
We'll see how the next case goes.
I was asked to step out of my friends apartment after i walked in without any drink in hand because a friend was setting flairs out side the cops forced me out because they wanted to give me a pi at the station they found less than 1 gram of cocain in my possession what can i do?
I was arrested on my own private property for PI by our local constable. I feel that he was wrong to have arrested my. I had call law enforcement beause my kids were out of control. I have 2 kids that smoke pot and from time to time they bring it into my me So this night I called them and I was the one arrested. I would love to have this constable repremanded.
I was arrested on my own private property for PI by our local constable. I feel that he was wrong to have arrested my. I had call law enforcement beause my kids were out of control. I have 2 kids that smoke pot and from time to time they bring it into my me So this night I called them and I was the one arrested. I would love to have this constable repremanded.
Is it illegal to be drinking in a public area, like a pier, while fishing? Not causing any trouble just sitting and fishing. I know my uncles do that but it's out in the middle of nowhere? I'm still unclear of a lot of drinking laws and they make it sound so confusing.
Is it PI or illegal if im intoxicated on my front lawn?
Is it PI or illegal if im intoxicated on my front lawn?
Hi there
I had a PI case in TX and was arrested for an hour. My case is dismissed. Its been an year it happened. I checked my FBI criminal search to check my arrest record. It says no arrest. I dont know what to answer in immigration papers for " Have you been arrested "???
Kindly Advice
I have a DWI trial pending, it keeps getting re set forward.
I got a Public intoxication citation a couple of weeks later after the DWI arrest, but before the DWI trial.
What is my best action?
1.Pay the PI and be done with it before DWI trial?
2.Wait till after DWI trial then pay PI fine?
3.Will the PI citation have an impact on my DWI (1st offense)
thank you.
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Brad in aug 08.the answer is your not black.the harris cops heriffs deptment have bad cops in their deptment.and im willing to take a polygraph test to prove this and if anyone else has had one of the sheriffs or cops any of them and you know that they have done wrong.because they lie and they lie bad and they riun peoples lives ,and they can care less,well i say stand up and ask for justice. take a polygraph test and have the arresting officer take one too. and demand that both test be public. and if all people who know that they have been done wrong stand up and fight for whats right.and not let them get away with this anymore.and of course some people really was pi and really needed to go to jail.but to all the bad cops out there who has to lie and riun peoples lives i say lets take a polygraph test and really go pover the facts. I say to the people who have been done wrong by them pull as one and get a joint law suit.they say a pi is nothing but i can tell you its something,if your a mom you dps in your life forever.some people have it hard at work,around town,many reason.and they take it as a nothing .but when you say that someone is a danger to themselves and people around them that cant stop you from getting many,many,many jobs.I say go after them,It maybe hard because they are going to lie for each other,and make you look like the worst person in the world but dont stop! go after them,Im going to enternal affairs and im not going to stop until the truth is out how that sherrif in humble o4-5 days before christmas called me a vally girl,and im black,called me a hoe. said i think im better them everyone one else. and said he can make it hard for me.and i was lost in harris county jail because he sent me in as a white girl. and yes he was white.I almost lost my little girl behind this and im not going to ;pet him get away with this.and everyone else who helped him lie.I will post 4 or 5 times a week to let everyone know what going on here in texas with my case.Im fighting and not giveing up.He lied and they did me wrong and someone is going to tell the truth. if i have to go to the supreme court.im not done with harris county. Lula mccarter. my name is lula mccarter
And francis,why do you think you got the dwi.because they pulled it up that you had a pi.even if you were not drinking while driveing to them yes you were because of the pi.so fight,fight them and do it right read learn,they will tell you so many things to cover for one another,Im telling you all contact me we can get a attorney out of state,that dont give a flying hoot about texas.and will make sure that justice is done.Think francis.I have already been talking to a attorney.and make sure that alot of people know what your doing just incase something happens to you.I have no enemies that want to kill me.No i dont trust harris c at all they have cops that lie.and i want the 2 of them to take a polygraph and make it public.And ill take one too.and the films in the car.theres alot im going to say on this site.like they said that 80% of all the cop cars in harris does not have video inside or outside of them.when it comes to one of theirs doing wrong that dont have anything for edvidence.they dont have it.but if its the other side side they sure can come up with some stuff.they will take you to jail and find out later.but for them they have to investigate.I want those 2 cops off the force. it was racist and lies and they ruined my life almost. and im going to fight untilo they are taken off if this was 30 years ago i think that cop would of have taken me off somewhere and put a bullet in my head he was just that mad at me.Ill tell the rest of the story in detail another day,2 morrow.But im not going to give up and dont any of give up.go for justice. LULA.
Ok, so I was given a PI for being drunk in the backseat of my friends car while he was driving me home. Is that ok? Should I have been arrested for that, when they asked me to step out of the vehicle and then was issued a PI?
I was given a PI last night. It was a terrible experience as I feel I was not intoxicated to point where I was a "danger" to myself or any other person. I wasn't given a sobriety test nor asked to give a breath sample. I was not read my Miranda Rights as I was being arrested. To add insult to injury, before I was handcuffed another guy came with an open container spoke to the officer that was detaining me for the moment and was chatting with him. Why was I arrested when the other dude was drinking RIGHT INFRONT OF HIM?!? They said I had a big mouth, but of course I did I had just been arrested for absolutely no reason! This has got to stop...
I JUST WANT TO KNOW IF THERES ANY WAY TO CLEAN THE PI OF THE RECORD ?
I JUST WANT TO KNOW IF THERES ANY WAY TO CLEAN THE PI OF THE RECORD ?
hmm.. thank you ))
I should notify u about this.
I was inside a Bar and I got a PI is that right?
I was inside a Bar and I got a PI is that right?