Student Driver Placement

November 2014

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Law 101 Trucking by Jim C. Klepper - Attorney at Law 800-333-DRIVE www.interstatetrucker.com www.driverslegalplan.com 24 www.studentdriverplacement.com November '14 Public Intoxication I have been charged with Public Intoxication. Here is what hap- SHQHG , ZDV DW P\ FRXVLQ·V house and we were watching Ala- bama football, Bar-B-Qing outside, and drinking beer. Some of us got to feeling real good and were really yelling ROLL TIDE a lot. No one in the neighborhood likes the neighbor next door who called the cops on us because he is a jerk. The cops came and wrote me a tick- et for Public Intoxication, told us to hold it down and then left. My court date is in three weeks and I need to know if this will affect my CDL and my job. My cousin says MXVWSOHDGJXLOW\DQGSD\WKHÀQHDQG it will not go on my record. What should I do? – Roger R., Alabama Public Intoxication, or in some juris- dictions called drunk and disorderly, in Alabama is the offense of appearing LQDSXEOLFSODFHZKLOHXQGHUWKHLQÁX ence of alcohol or drugs. Acting drunk is not a crime but if your actions annoy another person(s) with your offensive or boisterous behavior, or if your ac- tions endanger you or another person, or property you may be guilty of Public Intoxication which has a maximum jail VHQWHQFHIRUGD\VDQGDÀQHXSWR $200, Ala. Code §§ 13A-5-7, 13A-5-12, 13A-11-10. Remember Public Intoxication must be in a public place and Alabama de- ÀQHVD¶SXEOLFSODFH·DVDSODFHWKH public or substantial group of people have access. Here are a few examples of public places: highways, schools, parks, common areas of apartment buildings, amusement places, trans- portations facilities, even a car parked near a public thoroughfare. So what is not a public place? Ala- bama law states that no private dwell- ing, and no place used for a private gathering, is considered a public place as long as the person has been invited to the private gathering. This is how you can rent a private room at a club or restaurant and not violate the law because that private room is not ac- cessible by the general public, only the people invited. So what could you claim as a de- fense to the Public Intoxication charge? First, and most important, you could claim you were not in a public place RURQSXEOLFSURSHUW\DVGHÀQHGE\WKH ODZ

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