August 23, 2017

Asked 8/16/17 – Seabrook, TX

I have court for a Public Intoxication citation that I received in Seabrook, TX. I am a recent veteran that has never had an alcohol-related incident because I was taught to plan ahead. This night my cousin was driving since I did not want to risk it after having too many drinks. My cousin was driving another female and I home when he got pulled over for what they said was “failing to yield to an emergency vehicle”. We are not too sure what that was about, did not notice ANY vehicles out at 2 in the morning when we got pulled over. They added “ran stop sign”, which he did after he pulled over onto a street with the cop behind him. There were no stop signs on HWY 146 where they initially turned on their L.E. lights to pull him over. When he stopped they asked to search his vehicle (no warrant for the search). He complied since he had nothing to hide. So, we all stepped out of the vehicle. When the cops noticed how intoxicated the other female and I were, they booked us for P.I. and we had to pay $400 each. They also booked my cousin overnight with us. All he was cited for was “ran stop sign” and “not yielding” to an emergency vehicle, yet he was arrested. Advice?

Answer

Public intoxication is a class c misdemeanor, punishable by a fine of up to $500. The State must prove that you were in a public place and intoxicated to the degree where you were a danger to yourself or others. If you do not believe you are guilty of the offense, you should enter a plea of not guilty and have a trial on the matter. Contact a local attorney for more specific advice.

About the author 

Grant St. Jullian III

Bachelor of Science in Chemical Engineering – 1979 Univ. of Pennsylvania
Doctor of Jurisprudence 1982 University of Texas @ Austin
Licensed by the Supreme Court of Texas since 1982.

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