Daytona Beach Disorderly Intoxication Attorney
In Daytona Beach if you irritate an officer after a few drinks you will likely be facing a Daytona Beach disorderly intoxication charge. Disorderly intoxication cases have many defenses. You can actually be loud, obnoxious and rude as long as you don’t endanger anyone. The freedom of expression and free speech are powerful tools in defending disorderly intoxication cases. Some examples are State v. Holden, 299 So. 2d 8, 9 (Fla. 1974), the Florida Supreme Court recognized that Fla. Stat. §856.011 is limited "to situations where the public safety is endangered." See also Jernigan v. State, 566 So. 2d 39, 40 (Fla. 1st DCA 1990) ("To sustain a conviction for disorderly intoxication as described in section 856.011(1), Fla. Stat.(1997), the State must prove not only that a person is intoxicated but that the public safety is endangered.").
Florida courts have found that actions such as "talking loudly, using profanity, and causing ‘sort of a little disturbance' are insufficient to sustain a conviction for disorderly intoxication" See Blake v. State, 433 So. 2d 611, 612 (Fla. 1st DCA 1983). The appellant's conviction for disorderly intoxication must be reversed as the public safety was never in danger. Mallet, v. State, 11 Fla. L. Weekly Supp. 617b. If you are arrested for disorderly intoxication in Daytona Beach you still have rights. Just because you get a little loud after a few drinks doesn’t mean you are guilty of disorderly intoxication. If you have been arrested for Daytona Beach disorderly intoxication you still have rights. Contact Daytona Beach disorderly intoxication attorney Kevin J. Pitts. Call 386-
Daytona Beach Criminal Defense Lawyer
747 S Ridgewood Ave
Daytona Beach, FL 32114