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Before I hire a Disorderly Intoxication Defense Attorney, what should I know about a charge: F.S. 856.011?For a conviction of disorderly intoxication, the State must prove that the defendant was endangering the lives or safety of another person or personal property because of intoxication.
It also needs to be proven that the defendant was drinking in public, causing a disturbance.
A simple admission from the defendant that they were intoxicated is not enough for a disorderly intoxication conviction, but the State will add it to their evidence. The State must prove beyond a reasonable doubt that they were intoxicated and not in the standard control of their body and mind.
What are the punishments for disorderly intoxication?
Disorderly intoxication is a 2nd-degree misdemeanor, the punishment for which is 60 days in jail time and a fine of $500. It will additionally add to your permanent criminal record.
What Defense Could an Experienced Disorderly Intoxication Attorney Use?
In most cases, your first amendment right protects you from being prosecuted because of verbal statements. Intoxication doesn’t remove your right to free speech from you.
Regardless of your State of mental awareness, you always have that right.
A disorderly intoxication conviction also requires that you be in a public place, not acting in self-defense or the defense of others and that the incident was indeed a “public disturbance.”
What is Intoxication?
“Intoxication” implies more than just being affected by an alcoholic drink. Intoxication is being “drunk.”
A defendant’s announcement that they drank is insufficient to demonstrate intoxication beyond a reasonable doubt, even though the jury might view the information alongside other extra proof.
What is a public spot?
A “public spot” is where the public has the privilege of being, not private property.
Charged? Call West Palm Beach Disorderly Intoxication Attorney Josh LeRoy Because Experienced Wins. Can You Afford to Lose?
If you, or someone you know, find yourself in need of a Disorderly Intoxication Attorney in West Palm Beach (Palm Beach County from Boca Raton, Boynton Beach, Delray Beach, Lake Worth, and up to Jupiter) or any of the surrounding areas, use the form below to drop me a note.
Tell me about yourself, what’s happened, and when would be a good time to contact you.
-Joshua LeRoy, Esq.
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