Mr. Garza focuses his practice on criminal defense, including both misdemeanor and felony cases, serving clients throughout the counties of Kosciusko, Marshall, Fulton, Whitley and Miami.
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"Legal News" Archives
Legal News Update 01/09/12
IND. LAW - "PROPOSED BILLS WOULD REDEFINE INTOXICATION"
Sophia Voravong of the Lafayette Journal Courier reports today:
Simply walking home from a bar or party after downing a few alcoholic beverages won't be enough for police to nab you for public intoxication under two bills that Indiana legislators will consider this session.
As currently written, Indiana's public intoxication statute -- it's a Class B misdemeanor to be under the influence of alcohol or a controlled substance when in public -- leaves great room for interpretation.
Senate bills 94 and 97 would better define what public intoxication means -- more specifically, that it should apply only to the inebriated who are disturbing the peace or are in danger of hurting themselves or others. * * *
A third bill on public intoxication also will go before Indiana legislators during the current session, which began Wednesday and will end in mid-March. It would exclude inebriated people who are passengers in a vehicle in motion from being arrested for public intoxication.
Taxis and other types of public transportation are exempt.
Currently, the inside of a private vehicle is considered public space in Indiana. For example, if police stop a driver for operating while intoxicated, a passenger can be arrested for public intoxication.
ILB: That third bill is SB 188. The digest:
Provides that, for purposes of the public intoxication statute, a person is not in a public place or place of public resort if the person is a passenger in a motor vehicle that is traveling on a highway. Specifies that the offense of being intoxicated in or upon a vehicle commonly used for public transportation does not apply to a taxicab.
From the Indiana Law Blog
