Hey guys I’m Roger P. Foley and I’m going to talk to you a little bit about Florida statute 856.011. What is that? Disorderly Intoxication. We are going to talk about being drunk in public. Well the statute has 2 sub parts to that. There’s subsection A and subsection B. Subsection A basically says that you are intoxicated and you’re endangering another person or their property. So maybe you were drunk out of your mind and you fell through a glass plate window well that might be disorderly intoxication but thats not really how its charged. Most of the time in Florida the way disorderly intoxication is charged is when you are intoxicated, you’re drunk and you’re out in public and creating a public nuisance a disturbance and you are coming out of the bar very loud coming out of the bar all hoot and hollering, and it happens. This is one of those charges, the statutes, that is overcharged by police. Because a lot of things have to factor in for disorderly intoxication to occur. First thing, it can’t be on private property. So if you’re throwing a party at your house and people are yelling and screaming and drinking, well you’re on private property. If you are on your own private property and you are loud and boisterous and your drunk and you’re creating a disturbance well guess what, it doesn’t apply because its private property. The courts have already thought about that process and they’ve already gone through and they have said that you cannot be convicted of disorderly intoxication if you’re on private property. But what if you’re downtown and you are coming out of a club and you are hoot and hollering and screaming. well there is an argument but there is an argument as well the level of intoxication. Are you fall down drunk? Because the statute talks about being intoxicated and your normal faculties are impaired sort of like in a DUI the ability to walk, talk, see, hear and act in emergencies. You can drink, you can have a buzz and walk, there is no crime against that but its the level of intoxication mixed with the level of public disturbance. So if you are doing it downtown and so is thousands of other people, is that really disorderly intoxication? I argue that it is not and that ultimately would be what a jury would determine. Lets say you were in a quiet neighborhood and you were on the end of the street walking and your drunk and your screaming and yelling and its 2 in the morning in a residential neighborhood. Well then maybe they could sustain a conviction on that disorderly intoxication. But coming out downtown west palm beach or downtown fort lauderdale that there’s so many cars and so many people, there’s dancing, there’s alcohol. Thats part of all the fun, right. As long as you are not getting into a vehicle drunk then that is okay. So if you are charged with disorderly intoxication contact my office, contact another reputable attorney, look at what your actual defenses are because there are actually a lot of defense to this charge and again, it is one of those statutes that are often overcharged by police. Im Roger P. Foley and if you have any questions or you have concerns, give my office a call, thanks.
Disorderly Intoxication is a second Degree Misdemeanor in Florida. That means the maximum penalty is 60 days county jail and a $500 fine. It a statute that is often over charged by police and there are defenses to the alleged crime. Listen to the video. Ask questions, make comments-
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