Indiana Supremes Do It Again

[jmiller676]

Who knows? its pre-crime. Who says you're ok at .07 but a danger to society at .08. Somebody who never drinks could be drunk and unable to operate a vehicle at .03, whereas an alcoholic can be unaffected at .20. One size doesn't fit all...

Exaclty...it comes down to splitting hairs. To an extent people who get drunk,,like completely hammered are a danger. When I go out I can drink 4-5 beers and be ok. But under the law will be prosecuted the same.

 

[IncendiaryGunner]

can i ask, without even getting into whether a car is public or not.
WHY IS IT ILLEGAL TO BE DRUNK SIMPLY IN PUBLIC?

ill expand my opinion later.

Public intoxication being illegal provides a legal reason to arrest someone in a situation that is perceived to be suspicious. The majority of the time, being intoxicated while in public will not get you arrested - you can stop an officer and ask him directions, and most of the time it will not be a concern.

I watched a "special" (if you can even call it that) where a college media group attempted to get an intoxicated woman arrested. As her action got continually more obvious, she continually dodged arrests by police officers that noticed her. The same actions that did not end in an arrest for the woman quickly got her male counterparts arrested.

 

[rich8483]

Exaclty...it comes down to splitting hairs. To an extent people who get drunk,,like completely hammered are a danger. When I go out I can drink 4-5 beers and be ok. But under the law will be prosecuted the same.

beacause you are a major danger to society... you havent done anything wrong. BUT YOU COULD at any moment... just like someone who is sober really.

 

[jmiller676]

beacause you are a major danger to society... you havent done anything wrong. BUT YOU COULD at any moment... just like someone who is sober really.

 

[Kirk Freeman]

Pretty soon it will be illegal to be drunk on your own property.

Ummm, how do I break this to him? Under certain circumstances (your place as a place of public resort), it already is illegal to be intoxicated on your property.

Remember, be of good cheer, the police cannot detect alcohol use unless you are .20 BAC or above.

 

[steveh_131]

One part of it is, yes somebody that gets drunk to the point of shambling around, throwing things, vomiting on passerby is a problem and should be confined.

There are already laws against throwing things at people and damaging property.

Forget the pre-crime and prosecute the actual crimes.

 

[jmiller676]

Ummm, how do I break this to him? Under certain circumstances (your place as a place of public resort), it already is illegal to be intoxicated on your property.

Remember, be of good cheer, the police cannot detect alcohol use unless you are .20 BAC or above.

Ok I have an honest ? If you are mowing the lawn on a rider and drinking a beer on your property will you be cited for OWI?

 

[Kirk Freeman]

Did you drive it off your lawn and down to the liquor store for more beer?

If so, yes.

If not, your lawn (at least most lawns) is not a public highway.

 

[Kirk Freeman]

You could be arrested for Public Intoxication on your lawn if you turned your lawn into a place of public resort, say you had open lawn mower racing on your lawn and invited the public for racing and a lawn mower show, THEN you could be busted for PI.

 

[jmiller676]

You could be arrested for Public Intoxication on your lawn if you turned your lawn into a place of public resort, say you had open lawn mower racing on your lawn and invited the public for racing and a lawn mower show, THEN you could be busted for PI.

That would be badass! Thanks for the idea.

 

[rich8483]

There are already laws against throwing things at people and damaging property.

Forget the pre-crime and prosecute the actual crimes.

this is what i am getting at
i feel much the same way about drug laws.
get busted for possesion b/c you might later do something stupid.

edit; definately lawn mower races at my house this weeken. byob. im cheap.

 

[eldirector]

"Back in the day" my dad and the other neighbors held a "lawnmower" race every Memorial Day, in the cul-de-sac at the end of the street . Five laps, chug a beer, 5 laps, chug a bee, 5 laps, chug a beer, WINNER! They did it in brackets of 5 mowers each. Top 2 moved on. By the last race, it was more of a demolition derby. I guess they would all go to jail, now..... sad, really.

 

[Denny347]

There are already laws against throwing things at people and damaging property.

Forget the pre-crime and prosecute the actual crimes.

Those are misd crimes and must be witnessed by the officer in order to make an arrest. SOOO, if I didn't see it, I cannot do anything but take a report and a detective will follow up on it the following week...helpful isn't it.

 

[steveh_131]

Those are misd crimes and must be witnessed by the officer in order to make an arrest. SOOO, if I didn't see it, I cannot do anything but take a report and a detective will follow up on it the following week...helpful isn't it.

More helpful than tossing people in jail for crimes they could potentially commit.

 

[rambone]

In my opinion, "Public Intox" shouldn't be a crime in the first place. And neither should having an "Open Container" in public.

Arrests should be reserved for people who actually cause problems through their actions. Don't just punish people for arbitrary actions that *might* cause problems. If you're sitting quietly on a park bench enjoying a beer, why should that be a crime? The laws need to be fixed badly

And "officer discretion" isn't good enough to rest our freedoms on. The laws should be set up so that harmless, non-violent people are not being arrested. As j706 points out below, the system is so jacked up that he feels that if he doesn't enforce every law, he might somehow be liable for the actions of a drunk he doesn't arrest.

I respect a person that lets another drive when they are intoxicated (Not the driver). You know designated drivers. But if you are a passenger in a car that is stopped because the driver is OWI, there is a very good chance that you will be joining them in jail. Where I work I am not going to sit and wait for someone to come and pick you up. I am also not going to let a drunk take off walking with the possibility of them getting run over or something with all of its liability. With all things considered if the person is not whopping and hollering and acting like a fool, and you can get someone to come and pick you up before the tow truck gets there, you are probably GTG. If not, sucks to be you.

 

[Kirk Freeman]

In my opinion, "Public Intox" shouldn't be a crime in the first place.

O.K., see you in the Statehouse next year.

And neither should having an "Open Container" in public.

I have good news for you, it is not a crime.

 

[rich8483]

what about having an open container in your car? is it illegal or is it not? ive been told it is but not been shown the ic

 

[Bunnykid68]

I didn't think Indiana had an open container law any longer

 

[rambone]

And neither should having an "Open Container" in public.

I have good news for you, it is not a crime.

Speaking in generalities. Some places it is illegal in public. Its illegal in a car in Indiana.

 

[Bunnykid68]

Speaking in generalities. Some places it is illegal in public. Its illegal in a car in Indiana.

Can anyone post the law?