Texas smartens up… Or not?
Posted in Stupid by Derek at 9:00 am
This post was published 3 years 7 months 8 days ago and its content may not be valid anymore.The Texas Alcoholic Beverage Commission finally smartened up and realized that its “let’s arrest drunks in the bar before they leave the premises” crack down was a little too over the top.
The Texas Alcoholic Beverage Commission said it has suspended a crackdown on public intoxication after a public outcry over the program that sends undercover officers into drinking establishments.
Dan posted about the related link last month. Any new thoughts regarding the initial law and now current suspension?
I still don’t think it was a bad idea.
the law is “Drunk In Public” or “Public Intoxication” where they were drinking was/is a private establishment, therefore any laws that apply for “Public” use do not apply… hence you get in a car accident in a parking lot, the same laws do not apply as if you were on a public street. Whats next in texas? death penalty for passing out in your own yard?
Chad, no, laws for “public use” do apply in this case. Obviously you haven’t read the Penal Code.
“Public place” means any place to which the
public or a substantial group of the public has access and includes,
but is not limited to, streets, highways, and the common areas of
schools, hospitals, apartment houses, office buildings, transport
facilities, and shops.
The law is written in a way that allows these types of arrests–the problem is that the law is just way too broad.
And dude, if you get in a car accident ANYWHERE, the same laws apply, no matter if you were on a public street or in your driveway.
negative, I was in a car accident less than a month ago, if its on private property it is not required to report it to a police officer, no fines, no tickets, no nothing. Also there are differences between the laws enacted on public and private property. If you are getting drunk in a bar, you are not in public, there for you can’t be charged with “Public Intoxication” which this law applies…. however once you hit the sidewalk to leave…. they can snatch you up… trust me… I have had friends get charged for this one ;)
Chad, I’m sorry, you’re incorrect. I deal with these laws on a daily basis, and I do, in fact, write them.
A car accident ANYWHERE does not necessarily require police intervention, and law enforcement has the discretion to issue citations. It is not required to. Now, if you were to run a stop sign and cause an accident on private property, you possibly would be cited–not for running the stop sign, but for reckless driving.
In the case of the Texas law, it is not a defense to prosecution that you were on “private property.” If this were the case, law enforcement would be PROHIBITED from enforcing any law on any private property–whether it be grocery stores, theatres, restaurants, or BARS. Just because something is private property does NOT mean that it is not a public place.
Read the penal code’s definition, which I posted above. Anywhere the public or a SUBSTANTIAL GROUP OF THE PUBLIC has ACCESS, is considered a “public place” under Texas law.
touche ….. regardless, dumb law ;)
You’re absolutely right–it’s friggin’ retaaaded. (And I certainly don’t expect people to go sifting through the Texas Penal Code in their spare time. :) )
“And dude, if you get in a car accident ANYWHERE, the same laws apply, no matter if you were on a public street or in your driveway.”
Wrong. And your Insurance company will make you brutally aware of this when you have to pay to have your own car fixed that someone else ran into. Private property means you fix YOUR OWN CAR as unfortunate as it may sound. Unless they have LEGAL street markings in the parking areas, which most do these days, your screwed.
Jason,
I’ve seen GWB. I’m not sure that anything makes sense in Texas these days.
If their laws are any reflection of him, I dare not even think about it.
Skip, not in the State of Texas. If you cause an accident anywhere, you can be held liable by the laws (both civil and criminal) of the State of Texas. You’re talking about whether one can be held liable in certain instances. That’s a different question altogether.
As for your assertion that the law has ANYTHING AT ALL to do with the President, I can assure you that he was not Governor when this law was passed.
Chapter 49.02 of the Penal Code, which deals with Public Intoxication, was passed by the 73rd Legislature in 1993. Governor Bush was not elected until 1994.
I also might add that the law was passed under a Democratic Governor (Governor Ann Richards) and a Democratic House and Senate.
They should arrest ALL drunks in a bar or not.
hic
Dan I think you mean ‘hick’… Or am I wrong? ;)