The Texas State Criminal Law defines public toxins as follows. When a person appears in a public place, I commit a crime of public poisoning. The elements that the state must prove are as follows.
1 person.
2. It was in a public place.
3. That person was non-toxic.
4. The person was drunk to the extent that he might be dangerous to himself or to others.
"Public place" in the meaning of a public addiction statement is defined as any place accessed by a public or public entity and includes common areas of roads, highways, schools, hospitals, apartments There are public buildings, transportation facilities, shops, etc. which are not limited to the above, and depending on the situation it may be a public place. VTCA, Penal Code §§ 1.07 (a) (29), 42.08 (a).
One common question is when a drunk person is in his / her front yard? If a person is sitting in his vestibule, is it considered a public place according to public health law? The state can claim that "the environment may or may not be open to the situation". How could you ask? Well, can the postman get access to the front door of your house? How is a pizza delivered person? Does someone call the police when walking on your lawn in the front? Do you feel like citizens are walking to the main entrance without being invited?
The truth is that most of us will transfer certain people to private property under the limited circumstances as described above, but "Public public entity or substantial organization in your front yard" Will you allow it? I would argue that public citizens or substantial groups do not have the right to come to my front porch.
The Texas Penal Code has the usual use of spiritual or physical schools for the introduction of alcohol, regulated substances, drugs, hazardous drugs, combinations of two or more of these substances, or any of them Other substances defining "poisoning" as being in the body; or have an alcohol concentration of 0.08 or higher. Addiction alone is insufficient to arrest people in Texas due to public poisoning. In order to cause public poisoning, not only must someone "get addicted" but also "poisoned" to a dangerous degree for themselves and others.
When someone is arrested or interrogated somewhere in Travis County's Public Intoxication or Austin, Texas, they can go to several different courts to fight their case.
1. Downtown Austin Community Court: If you are arrested in downtown Austin (Sixth Avenue), warehouse district, perhaps on the West Campus it is highly likely that you will go to the community court in downtown Austin.
2. Austin Municipal Court
3. Justice in peaceful constituency 1 in Travis County
4. Justice of peace constituency 2 in Travis County
5. Justice in peace constituency 3 in Travis County
6. Justice of peace constituency 4 in Travis County
7. Justice of peace constituency in Travis County 5
Disclaimer: This site and all information contained in this site is for informational purposes only and should not be interpreted as legal advice. Excerpts extracted from the Texas State Criminal Code and other Texas code are not exhaustive. Furthermore, due to the rapid change in the law, we do not guarantee or guarantee the accuracy or reliability of the contents on this site. Do not try to interpret the law. Please consult a lawyer about any legal issues.
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