Legal Question in Criminal Law in Texas

Criminal - Public Intoxication
What is my best defense in a Texas Public Intoxication, Class C Misdemeanor case? Please give arguments.

I was written a public intoxication ticket ''at large'' in Texas last year. I received the ticket in the mail one month after my arrest for burglary of a habitat with intent to assault (girlfriend, GF).

The burglary did not occur - GF was pregnant with my baby, missed a meeting to discuss having baby, missing for 12 hours, did not return calls of concern, door was loose, history of emotional lashing out, called 911 out of spite, already testified that she was wrong, no assault occured, no history of physical abuse, asked prosecutor to drop charges, etc.

GF, and two witnesses besides the arresting officer will testify that I was not intoxicated, did not behave intoxicated, speech was not slurred, etc. The two witnesses will testify that I had 4 beers - starting five hours earlier.

Officer did not give me any type of sobriety test.

Officer did not write in the report that I was intoxicated.

I was not placed in a detox tank at the jail.

Officer and partner will say that my breath smelt, I slurred words, and behaved in a way to harm me or others.

It seems the officer decided I was drunk one month later

Asked on 4/21/07, 2:17 am

John Armstrong The Law Office of John W. Armstrong

0 users found helpful

0 attorneys agreed

Re: Criminal - Public Intoxication

Other than hiring an attorney, sounds like you have a defendable case.

Answered on 4/22/07, 12:20 pm

Keywords

Match Any Match All

Country

State

Area of Law