Legal Question in Criminal Law in Virginia
Define Drunk
I believe that to make a case of another charge the police top it off with a ''Drunk in Piblic'' I was found innocent on the other charge, now I must face this charge. What is the definination of ''Drunk''?
just the smell of...the officer has in court admited that ''I'' was found sitting, waiting, and was red in the face. Is that Drunk? I am offended at the least
1 Answer from Attorneys
Re: Define Drunk
The trier of fact(a judge rather than a jury)in your "DIP" case will hear the evidence as put on by the prosecutor, and then any put on by the defense(including your testimony, if you wish), and then make a decision based upon the evidence presented.
The fact that the officer may have detected the odor of alcohol about your person is not enough
to establish your state of intoxication, beyond
reasonable doubt.
You should have experienced criminal counsel, if at all possible, to represent you in this matter.
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