| Officials Make Public Intoxication Arrests Inside Bars
Posted: 3/18/2006 5:17:03 PM | Could someone please explain how this is legal...
Watch the video in the link...
http://www.nbc5i.com/news/8034788/detail.html
quote:
IRVING, Texas -- The Texas Alcoholic Beverage Commission has taken its fight against drunken driving to a new level. TABC agents, along with Irving police, targeted 36 bars and clubs Friday, arresting some allegedly intoxicated patrons before they departed the businesses.
The officers and agents also kept watch on bartenders who might have over-served patrons.
Agents arrested 30 people Friday night. Most of the suspects now face charges of public intoxication.
The agents and Irving police officers traveled from bar to bar and worked undercover, according to an NBC 5 report.
The report also said that some agents shared tables with suspected drunken patrons. Some patrons were subjected to field sobriety tests inside bars.
Agents and officers said the operation represented an effort to reduce drunken driving.
Sgt. Chris Hamilton, of the TABC, said some inebriated bar patrons "end up killing themselves or someone else" after departing the businesses. | |
|
| |
| Officials Make Public Intoxication Arrests Inside Bars
Posted: 3/18/2006 5:21:40 PM | The bar and club owners down there need to get together and do something about this.
Being drunk in a private place, like someone's home, or business is not illegal. period. it's not a public place. Sounds Chicken Shit to me. | |
|
| |
| |
| Officials Make Public Intoxication Arrests Inside Bars
Posted: 3/18/2006 5:30:02 PM | | Way to go Tom. The first decent point you've made on these forums. So credit given where credits due. Yeah, that idea is plain ridiculous. Maybe if they at least waited outside the bar or somethin, but inside? Yah, any decent lawyer will probably get them off, so the cops will feel stupid cause they wasted they're time. Which they should. | |
|
| Officials Make Public Intoxication Arrests Inside Bars
Posted: 3/18/2006 5:37:14 PM | Tomfl51 says: "Being drunk in a private place, like someone's home, or business is not illegal. period. it's not a public place."
=========
comment: absolutely. I was always under the impression that public drunkenness had to do with being in public view on the street. People EXPECT there to be drunks in bars. | |
|
| Officials Make Public Intoxication Arrests Inside Bars
Posted: 3/18/2006 6:31:19 PM | 30 people arreested at $250 or so a pop (public intox is jsut a ticket in most palces) plus 30 counts of over serving patrons at $1500 a pop minus the wage sof a dozen or so cops for one equals big flipping money.
Even if none of the public intox charges stick every one of the over serving charges will. | |
|
| Officials Make Public Intoxication Arrests Inside Bars
Posted: 3/18/2006 6:35:57 PM | I'd sue them back into the stone ages. How do they even determine if those people intend to even drive that night? Maybe they'll have a designated driver or call a taxi. What a scam. Hope the Texas board of Tourism is paying attention. Gee, just think. If the TABC plays their cards right they can really clean up when conventions come to town.
| |
|
| |
| Officials Make Public Intoxication Arrests Inside Bars
Posted: 3/18/2006 8:54:27 PM | | After watching the video i was thinking it it looks like something the KBG from the old soviet union would have done.Thats such and aggrieves violation of of those peoples rights its allmost sickening.I think there was some police harrassment going on along with misconduct.This has to be investigated.I would sue if it happened to me.The cops claimed to be making arrests before people could go out and drive.Well what if you went outside to wait for a ride or a taxi?Something was very wrong about what happend down in TX. | |
|
| Officials Make Public Intoxication Arrests Inside Bars
Posted: 3/18/2006 11:47:30 PM | Until somebody gets into their car and sits in the driver's seat (and usually they have to actually put the keys in the ignition) while drunk then they aren't a drunk driver. So the charges , based on the information presented in this story, couldn't possibly stick unless they met the conditions I outlined here. Otherwise, you've got "suspicion of intent to drive while intoxicated". That's quite a stretch to expect any judge to even listen to the prosecutor's side of the story. Public intoxication ? Well, in Irving, does one have to wait until they are sober before they can leave the bar ? They must because otherwise, the moment they set foot outside of it, they are drunk in public. Hmmmmm....
As for overserving : Not being a lawyer I don't know but I would think that to prove that an establishment has overserved somebody would require the overserved person to either lodge a complaint after the fact or find themselves in some serious trouble thanks to being overserved. Without getting into the details, basically I would expect at the very least that the bar served them so much they ended up too blotto to stagger or even speak. Either these people all got alcohol poisoning on a grand scale or were so loaded they did something against the law (and not just pissing on a public monument or something) and that's how they were judged by the cops to have been overserved. For that matter, wouldn't the cops or the prosecutor need the "victim" in this case to at least agree that they had been overserved ? | |
|
| |
late™
|
Joined: 1/9/2005
Msg: 14 | |
| |
| Officials Make Public Intoxication Arrests Inside Bars
Posted: 3/19/2006 2:17:44 AM | This will not hold. If patrons get over-served, then the bar owners and the employees get ticketed, and the bar loses it's licence. Continuation of this practice can results in permanent revocation of a liquor licence.
The bar was given the licence to serve alcohol, and have it's patrons under the influence as a by-product of such licence.
If a person then leaves the bar and walks home, they can theoretically be picked up for public intoxication. If they cause a nuisance that is when the charge is usually given.
I know of someone who was so drunk after leaving a bar that he took "5" on a brick wall, just sitting to regain his balance and stop the 'spins'. A patrol car pulled up and hauled him in for Public Intoxication and he did indeed spend a night on a steel bed and his head resting over the steel lavatory.
He was never formally charged, though. He was released in the morning.
Too funny, this case. What a waste of taxpayer dollars. | |
|
| Officials Make Public Intoxication Arrests Inside Bars
Posted: 3/19/2006 3:01:00 AM | lazy-
I haven't really studied the law on this specifically, so I don't know for sure: But I think the individual has a right to decide what goes on in their own building. I.E. if you went into burger King piss poor drunk, they would call the police and tell them, unless everybody just thought it was funny, lol. But bartenders want people to get as drunk as possible, haha, so they just NEVER call the police. It's ALL about money. The owner of the bar is not responsible, as the person chooses to get drunk, an could do so at their own house. If they simple wait outside, they probably could make some charges stick, but I THINK one must SHOW that it was reasonable to assume they were drunk. So if you can walk out straight, you should be safe. | |
|
| Officials Make Public Intoxication Arrests Inside Bars
Posted: 3/19/2006 3:16:12 AM | My dad was crushed almost to death by a drunk driver who fell asleep at the wheel.
My son this year was rear ended on the freeway by a young man in his early 20's who was speeding and fell asleep at the wheel. My son's car was totaled and he lost his job behind that stupid drunk driver.
Its a good method to collect ticket quotas for the city or county. Less drunk driving less bar fights, less date rapes, and deaths associated with this problem. I am for this law to be enforced in every state. Where do I sign up!!!        | |
|
| Officials Make Public Intoxication Arrests Inside Bars
Posted: 3/19/2006 3:21:23 AM | | i bartended my way through college and cops used to wait outside one bar i worked at and when somebody intoxicated came out they threatened them with a ticket unless they told them what bartender overserved them and then they gave the bartender a very expensive ticket and said bartender (s) were fired....fun eh?....we were cutting people off after two drinks....let's just say that when the cops want to....they can....they just sat outside like vultures....rumor spread business dead.....how would you like it if your bartender told you you've had enough after two beers in one hour?.... | |
|
| Officials Make Public Intoxication Arrests Inside Bars
Posted: 3/19/2006 3:44:27 AM | Parents-
Please teach your children not to bully other children. Those children who are bullied grow up to feel bad about their self-esteem, thus will find any opportunity to show others their power. Some of these people then become police officers, and then become douchebags, because they have power and a grudge.
Not ALL cops are bad, their guns can be useful from time to time, but there is just something wrong about wanting to tell everybody what the wrong thing to is day in and day out by forcefully arresting them or taking away their money. And to do this for a living? Douchebags,lol. (many, not all, generalizing is always "wrong", it's just something to think about) | |
|
| Officials Make Public Intoxication Arrests Inside Bars
Posted: 3/19/2006 5:40:39 AM | | There are two detectives in my family. Also my other brother is a patrolman. My son and my nephew are gun carrying and bullet proof vest wearing security officers. My son works where there are alot of wealthy college kids smoking shet and getting their asses kicked by gangsters. Guess who the college kids run to for help? That's right, my son. Some ignorant foolish people slam on the military and the cops and security officers. But when your ass is getting kicked you run like a woman to them for protection, huh? I rest my case. | |
|
| |
| |
| Officials Make Public Intoxication Arrests Inside Bars
Posted: 3/19/2006 9:12:56 AM | I can only speak for the laws in this state, but...
It is legal to drink but not be drunk. You can't even walk down a public sidewalk if you are drunk. A public establishment is not private property. Bartenders and****ail waitresses can be charged and sued for over serving and any resulting injuries or damages. (Yeah, that was the pits when I was serving. People can be vicious when you cut them off.) Personally, I don't think they should be arrested inside the bar unless they are causing a disturbance or it is obvious that they intend to drive. If you are behaving and have no access to car keys, I think you should be left alone. | |
|
| Officials Make Public Intoxication Arrests Inside Bars
Posted: 3/19/2006 9:16:30 AM |
Until somebody gets into their car and sits in the driver's seat (and usually they have to actually put the keys in the ignition) while drunk then they aren't a drunk driver. So the charges , based on the information presented in this story, couldn't possibly stick unless they met the conditions I outlined here. Otherwise, you've got "suspicion of intent to drive while intoxicated". That's quite a stretch to expect any judge to even listen to the prosecutor's side of the story. Public intoxication ? Well, in Irving, does one have to wait until they are sober before they can leave the bar ? They must because otherwise, the moment they set foot outside of it, they are drunk in public. Hmmmmm....
Got this from a cop friend -- not that i agree with it.
"Here's the problem with the "bars are private businesses" argument.
They're licensed by the govt. to serve liquor. As a result they agree to certain things. Some of which are not allowing patrons to become visibly intox, and complete cooperation with agents of the govt. responsible for oversight of the on premise industry.
There's nothing even quasi gray about this. The TABC has every right, as per the establishment's agreement in accepting the terms of their liquor license, to enter the bar and make the arrests.
My family has been in the business in NYC for a while. I've watched many bartenders be issued summonses for the same thing." | |
|
| |
Home
login 
