The Law in Plain English – Boca Raton ➔ Boynton ➔ West Palm Beach ➔ Jupiter’s Top Criminal Lawyer Joshua LeRoy, ESQ. on:Disorderly Intoxication – F.S. 856.011
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In order to be convicted of disorderly intoxication, it must be proven 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 intoxication is not enough for a disorderly intoxication conviction, however it will be an addition to the evidence against them. It must be proven beyond a reasonable doubt that they were intoxicated and not in regular control of their body and/or mind.
Disorderly intoxication is a 2nd degree misdemeanor, the punishment for which is -60 days jail time and a fine of $500. It will additionally add to your permanent criminal record.
Your first amendment right protects you from being prosecuted because of verbal statements, in most cases. Intoxication doesn’t remove your right of free speech from you. Regardless of your state of mental awareness, you always have that right. A disorderly intoxication conviction also requires that you are in a public place, that you were not acting in self-defense, or the defense of others, and that the incident was truly a “public disturbance”.
What is Intoxication?
“Intoxication” implies more than only being affected by an alcoholic drink. Intoxication is being “drunk”.
A defendant’s announcement that they drank is insufficient in demonstrating intoxication past a reasonable doubt, despite the fact that the jury might view the announcement alongside of other extra proof.
What is a public spot?
A “public spot” is a spot where the public has a privilege to be. Not personal property.
If you, or someone you know, have been charged with Disorderly Intoxication in Palm Beach County (from Boca Raton, Boynton Beach, Delray Beach, Lake Worth, West Palm Beach and up to Jupiter), or any of the surrounding areas use the form below to drop me a note. Let me know a bit about yourself, what’s happened, and a good time to contact you.
-Joshua LeRoy, Esq.
Criminal Defense Attorney Joshua LeRoy, Esq. is dedicated to providing his clients with personalized, honest, and aggressive representation in any and all areas of criminal law in West Palm Beach, Boca Raton, Boynton Beach, Lake Worth, Delray Beach & the surrounding areas of Palm Beach County in the State of Florida.
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