Facing A Public Intoxication Ticket In New Orleans? Pleading Guilty Can Have Lasting Implications. We Can Help.
Each year, millions of visitors flock to New Orleans looking for a good time. The vibrant city is often portrayed as a carefree place where visitors can do virtually anything they want in terms of partying. To be certain, the city is quite a bit more relaxed than other places about certain activities, such as drinking on the street in the French Quarter, as long as your drink is in a plastic container. However, while it’s legal to drink on the street, it is not legal to be drunk in the streets of New Orleans, either in the French Quarter or other places in the city. Doing so can result in New Orleans public intoxication charges.
If you have been arrested or have received a summons to appear in court on a public intoxication charge, it is important that you contact a New Orleans public intoxication lawyer as soon as possible so they can begin protecting your rights during the proceeding and can provide services aimed at helping you to avoid the most serious consequences of the charge.
An experienced New Orleans public intoxication lawyer can review your case and determine the services that they are able to offer you. Some of the information your lawyer will want to review includes:
Depending on the facts of your case, your lawyer may move to have the case dismissed due to lack of evidence or improper procedure, may attempt to negotiate a plea deal with the prosecution to lessen the consequences you are facing with conviction or may begin preparing for litigation of your case.
In order to arrest and charge someone with public intoxication, police must have probable cause to believe that the individual is intoxicated enough to endanger himself or herself, others, or property. Unfortunately, this is a highly subjective determination that is primarily up to the arresting officer, and it does not necessarily have to include the administration of a breathalyzer or blood or urine test. In general, the most common time for an individual to be arrested and charged with public intoxication is during big events such as Mardi Gras or a home game for the Saints. The types of behavior that can cause an individual to be suspected of public intoxication include:
According to New Orleans Municipal Code 54-405, “It is unlawful for any person to appear in a public place manifestly under the influence of alcohol, narcotics or other drugs, not therapeutically administered, to the degree that they may endanger themselves or other persons or property.”
Because it is not illegal to drink on the street, but only to be intoxicated on the street, a public drunkenness charge is essentially under the umbrella of disorderly conduct charges. While the charge is for drunkenness, it is really more about the behavior that was exhibited that could give rise to harm to self, others, or property.
If an officer has reason to believe that you are publicly intoxicated in New Orleans, they have two options:
Public intoxication is a misdemeanor charge. However, being found guilty of this crime can result in monetary fines as well as the potential for up to 90 days in city or county jail. Your charge will remain on your record and can impact your ability to obtain certain jobs, be accepted into college, or secure housing. Some possible defenses to a public intoxication charge include:
Let an experienced New Orleans public intoxication lawyer give you answers to your legal questions and help you determine your best option after being charged with public drunkenness.
The Law Office of Heather C. Ford will give you peace of mind in your public intoxication case. She will professionally and effectively represent you on your behalf in front of any prosecutors or judges. Trust that your case will be handled with your best interests in mind.
Serving New Orleans and the surrounding area:
We are committed to making the legal process as quick and efficient as possible for every client. If you have received public intoxication or public drunkenness charges in New Orleans, Contact our office immediately to schedule a consultation.
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Avoid Anxiety:Don’t Just Pay It — Pleading Guilty Can Have Lasting Implications. We Can Help.
Between myself and my family, we keep Heather busy! She is very professional and knowledgeable. I have spent a lot of money and ruined my driving record paying off speeding tickets but when I found Heather, I found that she is the best
My experience with the Law Office of Heather C. Ford was outstanding. I would recommend this team to anyone that has received a traffic ticket in the metro New Orleans area....
I found Heather online after searching for a traffic lawyer. Since I am not from the area, I was not 100% sure but went with my gut after reading the positive comments. And I was right! I am really pleased with Heather Ford's...
I was thrilled when Heather was able to get my ticket reduced to a non-moving violation and the judge waived fees. I never thought that was possible. I was certain I'd have to pay something. She's great...
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In the French Quarter of New Orleans, it is legal to carry (and consume) an open container of alcohol in public streets, sidewalks, parks, etc. so long as the container is not a glass container (such as a beer bottle). This is why many establishments will sell to-go drinks in plastic containers.
In order to be charged with public intoxication, a person must generally have been found to be under the influence of alcohol or drugs, in a public place (such as a park or sidewalk), and to have caused disturbance or harm to others.
How much is a public intoxication ticket in New Orleans?
Public intoxication charges in New Orleans are considered a misdemeanor charge and can be punishable by up to 5 months in parish prison, and/or fines up to $500.
