Many different scenarios could lead to a charge of public poisoning. Georgia`s law on public drunkenness gives the police the power to arrest someone in various circumstances. According to Georgian law, “a person who is intoxicated in a public place or in a private residence that is not his own, except at the invitation of the owner or legal resident” is guilty of an offence. I was not in a public place: evidence that the place was not considered a public place would help deny the elements, and you could be dismissed from the charges. If you are approached in public by law enforcement officials, you are free to ignore them to some extent and continue on your way. “Police officers can approach citizens, ask for identification and question them freely, without basis or belief that they are involved in criminal activity, as long as they do not arrest the citizen or give the impression that he is not allowed to leave. As long as a reasonable person would feel free to ignore the police and go about their business, the encounter is consensual and no reasonable suspicion is required. “Weiß v. Staat, 310 Ga. App. 386 (2011). If you are not stopped while driving or as a passenger in a vehicle, you do not have to answer questions from an officer.

Simply being intoxicated and in a public place is not enough to be charged with public drunkenness. Your behavior must be such that your intoxication has been exposed to others around you by disorderly or disturbing or otherwise offensive actions or even just loud and offensive language. If a law enforcement officer finds you sleeping in your car in a public place, even if you are heavily drunk, a charge of public drunkenness would be inappropriate. “. Intoxication must manifest itself in indecent action or indecent language. Extreme stupor or sleep is not a violation of the law. Moore v. Staat, 155 Ga.App. 299 (1980). Being accused of public drunkenness can be shocking to many law-abiding citizens, especially if you are imprisoned overnight.

If you have been charged with this crime, you should contact an experienced Hall County attorney to help you with the defense. Richard Lawson has two decades of experience defending people like you who are in an uncomfortable position. Richard Lawson`s office is always available to answer your call at 404-816-4440 or via an online request for a free consultation. Beliefs don`t wait, so you shouldn`t wait either! I was just drunk; I have not committed any disturbance of public order: it is not a crime to be drunk in public. Therefore, if drunkenness was not accompanied by strong, vulgar, blasphemous or inappropriate language, then you cannot be guilty of a crime. The officer had probable grounds to arrest an accused for public drunkenness and obstructing a police officer. The loud sound of an early morning car radio and quarrels with the police were sufficient to cause exuberance within the meaning of O.C.G.A. § 16-11-41, and after the defendant refused to leave his vehicle and physically and verbally threatened an officer, the officers had probable grounds to arrest the defendant for obstructing a police officer pursuant to article 16-10-24 of O.C.G.A. Martin v. State, 291 Ga.

App. 363, 662 p.E.2d 185 (2008). A public conviction for drunkenness is an offence punishable by up to one year in prison or a fine of up to $1,000, or both. The sentence you receive will be decided by the court, which often takes into account your criminal record, competing offences and the judge who is handling your case. Separate municipalities in Hall County may impose additional penalties in accordance with their specific local ordinances. There are plenty of fun outdoor activities in Hall County, Georgia, from Lake Lanier to Gainesville Square. Often, alcoholic beverages play a role in these entertainment or leisure activities. In some cases, pleasure can become problematic when public intoxication becomes a problem, and it becomes a problem when a person`s behavior – influenced by alcohol – becomes a problem. If you`ve been accused of public drunkenness, don`t take it lightly. Contact Richard Lawson, an award-winning DUI lawyer, today for legal assistance. When the officer conducts an investigation into impaired driving in Georgia, he usually orders the passenger to stay in the vehicle, and if the passenger tries to get out, he usually warns the person to get back in the car.

If the passenger gets out of the car again and starts asking questions, arguing or otherwise interfering, the officer may place the passenger under arrest on a number of charges, including public drunkenness if the investigation took place in a public place, obstruction of a law enforcement officer – which may be a misdemeanor or criminal offense, depending on the circumstances of the arrest, and disorderly conduct. While the burden of proof for arrest is low, the state must always prove beyond a doubt that you acted in a manner that violated the law. In the case of public drunkenness, the state generally relies on the officer`s testimony about what happened on the night of the arrest, unless there were other witnesses. Testimonies showing that you shouted, argued, fought or generally acted in public will probably be enough to condemn. The likely sentence depends on the circumstances of your case and previous criminal convictions. Sentences for public drunkenness appear relatively low, but the true consequences of conviction may be felt outside of the court-ordered sentence. A criminal record can make it difficult for someone looking for a job, housing or education. A minor offence can have serious collateral consequences.

Never assume it`s easier to plead guilty. Fighting for your rights and a clean balance sheet is always in your interest. If you`ve been charged with public drunkenness in Hall County, Georgia, know that there are several good defenses for the charges. Never plead guilty or not guilty until you talk to a reputable drunk driving lawyer, as he or she can find a good defense for you that leads to a positive outcome: dismissal. Three common defenses are: The law was enacted to protect against the behavior of a drunkard, but not against the mere presence of the drunkard. It is not a crime to be intoxicated on public roads or highways, or near a private home, as long as the person is not impetuous or engaged in disorderly behavior. The purpose of the former Penal Code of 1910, article 442, was to protect public roads, highways and private dwellings not so much against the presence of drunkards as against the driving of drunkards, as described in that article; In other words, a person who is drunk may be on public roads or highways or near private homes without breaking the law, provided that the person does not then and there manifest the state of intoxication of the person by disorderly behavior as set out in this article. Ramey v.

Staat, 40 Ga. App. 658, 151 S.E. 55 (1929) (decision under the former Criminal Code of 1910, § 442). On the other hand, a public charge of drunkenness is often confused with a pedestrian under the influence (PUI) offense, but the two are very different and are usually not charged at the same time. A PUI affects a person who is drunk in public, but the person must walk on or next to a road and have a dangerous condition. The penalties for a conviction for public intoxication, that is, a fine of up to $500, are lower than the penalties for a conviction for public drunkenness. There was sufficient evidence to support the defendant`s conviction for public drunkenness when the defendant left a private club with his spouse, when the defendant threw a beer cooler that hit the spouse, when the defendant smelled of alcohol, and the defendant “scolded,” “spoke quite loudly,” or “was angry and acted unreasonably.” Patterson v. Staat, 181 Ga. App.

68, 351 S.E.2D 503 (1986). Disorderly behavior is a catch-all provision in the state of Georgia and is often used by officers when confronted by someone they want to detain, whether for reasons of public safety or to prevent you from further interfering in an investigation, or simply to “teach you a lesson.” Even if you have not been drinking and are not drunk but cause public disorder, you can be charged with misconduct under Georgian law. The offence of misconduct is committed when a person: Any person in Georgia can be charged with public drunkenness if they are in a public place and – because of their behaviour – appears to be intoxicated. To understand the details of this crime, you must understand the details of the terms in the language of the law.