On Friday October 10, 2015, Shia LaBeouf was arrest for public Intoxication in Texas. Shia allegedly was jaywalking when an officer stopped him. The officer noted that Shia’s speech “was slurred… his eyes were glassy and dilated.” Shia began threatening an onlooker who was recording the scene on his cell phone. The officer then arrested Shia for being a danger to himself and others and charged him with public intoxication, a misdemeanor.
In Indiana, it is a Class B misdemeanor for a person to be in a public place or a place or a place of public resort in a state of intoxication caused by a person’s use of alcohol or a controlled substance, if the person: is creating a disturbance that endangers your own or someone else’s life; breaches the peace (or threatens to do so); or harasses, annoys, or alarms other people. In Indiana a Class B misdemeanors is punishable by up to 180 days in jail and a fine of up to $1,000.
There are several potential defenses to public intoxication charges in Indiana. One of the most common one is that the accused was not intoxicated. In Indiana, most officers do not take blood or breathalyzer of the accused to determine if a person is intoxicated. An accused and other witnesses can testify that he was not intoxicated at the time of the incident. It is never a crime to smell like alcohol. Another possible defense is that an accused is not in a public place. In Shia’s case, it seems from the facts that he was clearly in a public place so that defense would not work. Furthermore, a defense could also be that the accused was not engaging in a disorderly conduct. For example, an accused can call witnesses to testify that he was not bothering, harassing, annoying, or alarming other people.
If you or a loved one are facing criminal charges and you are looking for experienced attorneys that will fight for you, please call the experienced lawyers at the Marc Lopez Law Firm to discuss your case. Our number is (317) 632-3642. Or contact us by e-mail.
