Legal Question in Criminal Law in Ohio

I have am 18 year old sister who was issued a citation for public intoxication. The code is 529.02 which was issued to her most likely because it states: (No person under the age of twenty-one years shall knowingly purchase, attempt to purchase, order, pay for, share the cost of or consume any intoxicating liquor or beer). She was then put in handcuffs and was brought to the local police station. She was not, however, read her rights at any point. She was not drunk because of the small amount of alcohol she consumed, nor was she given a breathalizer. She was not disorderly or carrying an open container, and she certainly did not appear intoxicated. Her citation had an appear date for court, but should the charges be dismissed because she was not read her rights?


Asked on 4/12/14, 6:08 pm

1 Answer from Attorneys
John Sauter Cloppert, Latanick, Sauter & Washburn

You asked whether charges against your sister should be dismissed because she was not given a Miranda Warning ('read her rights').

The answer is No. Miranda Warnings are commonly given post-arrest, to apprise a person of their general right to remain silent after their arrest. As such, the Miranda Warning has nothing to do with the actual arrest. A failure to give a Miranda Warning may then have the effect of negating any statements made post-arrest, but it won't negate the actual arrest itself.

Second, 529.02 isn't what is commonly referred to as 'public intox.' 529.02 only deals with the sale of alcohol to minors. One need not be drunk to be convicted of 529.02. Public intox, aka disorderly conduct, is 2917.11.

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Answered on 4/21/14, 10:59 am


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