You might be a little unclear on what exactly constitutes public intoxication in the Bronx borough of New York City. It might come as some surprise that public intoxication due to alcohol is not against the law in The Big Apple. However, public intoxication due to the use of other substances is considered a criminal violation.
Let’s get into some specifics about what constitutes public intoxication in the bronx in New York City.
What is Considered Public Intoxication in the bronx?
Crimes occurring in the borough of the bronx are subject to the laws and penalties of New York City and the state of New York. In the city of New York, public intoxication as a result of alcohol consumption is completely legal. However, public intoxication as a result of drug use is considered a criminal violation.
In order to be considered publicly intoxicated in the bronx, a person must be causing a disturbance of some sort. Police do not have the authority to apprehend an intoxicated individual unless he or she is acting disorderly.
bronx Public Intoxication Penalties
If you are in violation of New York City public intoxication laws in the bronx, you can be issued penalties of two types: fines and jail time. Fines for public intoxication in the bronx can be issued up to 0.00. Up to 15 days of jail time can be issued for public intoxication in the bronx.
Typically, you will only receive one of these penalties, though it is lawful to receive both. Most commonly, violators will only have to pay a fine. In either case, you will receive a note of violation on your public record.
Defenses Against Public Intoxication Charges in the bronx
It is very possible to defend yourself against public intoxication charges in the bronx. If you are going to do so, it is recommended that you hire a lawyer. There are, in general, two different defenses which can be used to prove innocence in the case of public intoxication. One of these defenses is inconclusive proof. The other is no disorderly conduct.
Inconclusive Proof – It’s important to remember that public intoxication due to alcohol
consumption is not against the law in the bronx. This means that the local police can not issue you a violation without proof of intoxication due to drug use. This is a gray area, to say the least.
If police did not perform a breathalyzer test at the scene to determine whether or not you were intoxicated by alcohol, it’s easy to argue that you were inebriated due to alcohol as opposed to intoxicated by illegal drugs. Even if a breathalyzer test was performed, it is very possible to argue whether or not drug use was involved in the intoxication.
No Disorderly Conduct – Public intoxication in the bronx is only a crime if the
intoxicated individual is causing a scene of some sort. This involves damaging property, making loud noises in public areas, and other things of that ilk.
Police can not apprehend an individual unless he or she is acting disorderly in public. Again, the act of “disorderly conduct” exists in some gray area. A bronx public intoxication lawyer can argue that your conduct was not disorderly, and that you don’t deserve the violation you were issued.
Understanding Protective Custody
When speaking of public intoxication in the bronx, it’s important to note the idea of protective custody. To put it simply, police can not apprehend intoxicated individuals without the permission of the intoxicated individual. If the individual consents, the authorities can take the individual to his or her home to ensure that he or she gets home safely.
The only case in which police don’t need consent is when they take a publicly incapacitated individual to the hospital. If police do this, they must get proof that the individual has been examined by a doctor
What to do if you’ve been Charged with Public Intoxication in the bronx
If you’ve been charged with public intoxication in the bronx, it’s wise to hire a lawyer. Having a public intoxication violation on your record can damage your reputation severely, making it difficult to thrive professionally and in other important areas.
We are bronx public intoxication lawyers who can help you to fight against your charge. If you can avoid a large fine, a marred public record, and potentially even jail time, you want to do it. We will give you the best shot at doing so.
Let Spodek Law Group Work for You
We here are Spodek Law Group are well experienced in fighting against public intoxication charges in the bronx borough of New York City. Our specialized public intoxication lawyers are professionals who know how to build the absolute best defense for you.
Don’t let an unjust public intoxication violation ruin your record and reputation. Hire the best public intoxication lawyers in the Bronx, and let Spodek Law Group work for you.
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