Public Intoxication Tickets in Garland, TX
Garland Public Intoxication Ticket
Defending Public Intoxication Charges
A public intoxication charge is one of the most difficult to defend based on the current state of the law. The charge itself has been modified over the years through a successful lobby by Mother’s Against Drunk Driving and other advocates to basically include many types of behavior. This article is intended to outline the current law as it pertains to public intoxication charges in Garland and what must be done to defend yourself from a possible conviction in Garland Municipal Court. If you would like to discuss your case with an experienced ticket attorney in Garland after reading this article, feel free to give our office a call at the number listed above.
Public Intoxication Law
The word “intoxicated” means the following under Texas law:
A) not having the normal use of mental or physical faculties by reason of the introduction of alcohol, a controlled substance, a drug, a dangerous drug, a combination of two or more of those substances, or any other substance into the body; or(B) having an alcohol concentration of 0.08 or more.
The most common use of the term “intoxicated” for public intoxication purposes is part (a) listed above. The reason why this is the most common definition is because you simply have to prove that alcohol was consumed and the rest of the definition relies upon the police officer’s subject belief that you have lost the normal use of your physical and mental faculties. Once the subject belief of intoxication is made by the officer, they only need then imply that you are then a danger to yourself or to others. Being a danger to yourself can be as simple as stating that you were unable to walk to your car or control your speech. The word “danger” is a fact issue that will be evaluated differently be each individual officer.
Defending A Public Intoxication Charge In Garland
In order to defend yourself properly from a public intoxication charge you need to make sure that you appear in court as soon as practicable after the ticket is issued. If you wait too long after, then the case can go into warrant status. You must also enter the correct plea to have the case set to a pre-trial hearing docket. The plea must be “not guilty” in order to have the opportunity to review the evidence against you and to negotiate a possible settlement with the Garland Municipal Court prosecutor.
After the appearance date has been made and the correct plea is entered, it then becomes necessary to discuss your particular matter with an experienced legal professional. Questions can then be answered with regard to taking the case to trial or settling the case short of a trial. Evidence can be reviewed to determine if a dismissal of the charge is appropriate as well. If you would like to discuss your case with our ticket attorneys in Garland, call us today.