Public intoxication is hardly something anyone plans to do. Having a night out in a bar must come to an end at some point. Walking home from a bar in Nassau County impaired comes with certain risks. Among those risks would be being cited for being intoxicated.
Persons suffering from alcohol and substance abuse issues may not be able to curtail their consumption. These individuals find themselves at even greater risks for a public intoxication charge. And charges they may very well face. In the state of New York, public intoxication is not readily ignored. Charges may be filed against someone who appears in public under the influence of drugs. Alcohol, however, may be excluded.
Not taking the charges seriously would be a huge mistake. Anytime someone finds him or herself in a legal jam, the right course of action to take is to contact a skilled Nassau County public intoxication lawyer to help with devising an appropriate defense. The right representation might make a troubling situation a bit less stressful and difficult.
The Charge of Public Intoxication
Public intoxication, sometimes referred to public drunkenness or being drunk and disorderly, refers to an individual who goes out in public in an inebriated or impaired state. Public intoxication laws are not designed to impose a sense of morality on an impaired person. Rather, the rules are designed for his/her protection. A person under the influence of alcohol or drugs might hurt him/herself or potentially hurt another person. The chances of an impaired person contributing to disorderly conduct also exist, which would be another concern of law enforcement.
Depending on where a person lives, the laws and legal bar for public intoxication vary. Those charged in the state of New York must look at the New York penal code for answers regarding how the situation would be charged and what the penalties are.
Public Intoxication in New York State
People associate public intoxication strictly with alcohol. Such is not the case. Narcotics and other controlled substances can contribute to an inebriated and impaired state. A person publicly under the influence of drugs can be arrested in Nassau County and other localities in New York state.
What about instances of the person being drunk on alcoholic beverages? The Empire State shows a bit more leniency with this situation than other states.
In the state of New York, a person cannot be charged with public intoxication if he or she is under the influence of alcohol. In fact, drinking in public was decriminalized in the Borough of Manhattan on March 2016.
In New York, a person under the influence of drugs — other than alcohol — may be cited when he/she is disturbing others or presents a danger to him/herself, others, or property. An intoxicated person, high on a controlled substance, would likely be cited if he/she could not stand up and was repeatedly falling down. The inability to remain standing presents an injury risk including a possible traumatic brain injury. No one should be surprised the police would step in under such circumstances. The same would also be true if the person was making a public spectacle of him/herself due to being under the influence.
The Penalties for Public Intoxication
Public intoxication falls under the category of a violation in the state of New York. In other states, breaking the law in the form of a violation might be referred to as infractions or summary offenses. In short, these violations of the law do not rise to the level of a misdemeanor nor to the level of a felony.
In the state of New York, violations fall outside of the scope of a traffic citation and the penalties may not exceed 15 days in jail. Monetary fines may be imposed on those who are found guilty of a violation. With a solid criminal defense lawyer, jail time may be completely avoided depending upon the circumstances of the individual case and the defendant’s prior record.
One major positive associated with being found guilty of a violation is the record can potentially be sealed after one year. So, one year after conviction, an attorney may petition the court to close off the records leading to them not being visible to the public.
The Right Counsel
Retaining the right counsel to address matters related to public intoxication charges is a must. A skilled attorney knows the right approach to presenting a valid defense. For example, the attorney may need to prove the fact the accused was not intoxicated and the issuance of a violation summons was improper.
Also, someone charged with public intoxication may be facing other charges such as possession of a controlled substance. Clearly, the defendant would need talented representation to overcome the various charges he/she would face in such a difficult situation.
Seeking out the right Nassau County public intoxication attorney would definitely help the cause of putting the right defense to any and all charges together.
Todd is a miracle worker who will work tirelessly for you and your family. He is one of the few attorneys i've met - who I earnestly trust to protect me, and who I am happy to refer to our friends and fellow family members. The Spodek Law Group is someone you want on your side, because they will treat you just like family. Todd and his team are available 24/7, and they always answered our calls. Even when we were being irrational, and crazy - they were calm and super helpful. Just call Todd. He gives you a free consultation and is very understanding.- Donna & Robert
140 Broadway, 46th Floor
New York, NY 10005
35-37 36th St,
Astoria, NY 11106
195 Montague St.
Brooklyn, NY 11201