What constitutes public intoxication?

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What constitutes public intoxication?

A friend went to be disorderly when I went to get him in the parking lot of a bar. We where behind the cops when they turned around and told us to back up. As I was, the cop brought up his hand when I asked him “please do not touch me”. He then proceeded to throw me to the ground and handcuffed me. He took me back to the police station and had me do a breathalyzer; I blew a .02. He then proceeded to give me a ticket for public intoxication and released me. I don’t believe it was public intoxication as I was not intoxicated and was very happy to follow his directions. Am I correct? I have no previous record as well as a secret security clearance.

Asked on June 21, 2014 under Criminal Law, California

Answers:

FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney

Answered 6 years ago | Contributor

Public intoxication (also known as being drunk and disorderly)in some countries  requires some obvious display of intoxicated behavior in public as opposed to being in one's own home that is  disruptive.  Based upon what you have written you do not appear guilty of the charge, but that is not my call. I suggest that you consult with a criminal defense attorney in your locality for assistance. One can be found on attorneypages.com.


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