top of page
Public Intoxication in the Woodlands, Texas
If you have been arrested in the Woodlands Texas for public intoxication it was probably on "The Waterway." This is an area which has numerous bars and restaurants and is the nightlife and entertainment district of Montgomery County, Texas.
People come from all over the country to conferences and other evens including concerts at The Cynthia Woods Mitchell Pavilion. The Cynthia Woods Mitchell Pavilion, often referred to simply as The Pavilion, is an outdoor concert venue located in The Woodlands, Texas. It is an amphitheater that seats over 16,000 people and is known for hosting a wide variety of events including concerts, festivals, and performing arts shows. The venue is named after the late Cynthia Woods Mitchell, a philanthropist and arts advocate. The Pavilion is known for its state-of-the-art sound and lighting system, as well as its picturesque location in the heart of The Woodlands. It is considered one of the premier concert venues in Texas, and has attracted a wide range of performers including popular bands, classical musicians and comedians over the years.
What is Public Intoxication?
Public intoxication, also known as "drunk and disorderly" or "drunk in public," refers to the act of being visibly under the influence of alcohol or drugs in a public place. In many jurisdictions, it is considered a criminal offense, and can result in arrest, fines, and/or imprisonment. The laws regarding public intoxication vary from state to state, but generally, they prohibit individuals from appearing in a public place while they are so intoxicated that they may endanger themselves or others. Public places can include streets, parks, and even some licensed establishments like bars and nightclubs. Some states also include private property in the definition of a public place if it is open to the general public or can be viewed by the public from a public place. In Texas, Public intoxication is a Class C misdemeanor, which is punishable by a fine of up to $500, but it is a defense to prosecution if the alcohol or other substance was consumed as part of professional medical treatment by a licensed physician. Minors who commit this offense are punishable in the same manner as if they committed an offense under the Alcoholic Beverage Code. It's important to note that public intoxication laws are not meant to criminalize individuals who have had a few drinks and are behaving responsibly. Rather, they are intended to address individuals who are so impaired that they pose a danger to themselves or others. Police officers are given discretion to determine whether an individual is too drunk to be in public, and they may arrest a person if they are behaving in a way that is disruptive, violent, or likely to lead to criminal behavior. In conclusion, public intoxication laws are in place to protect public safety and order. They are not meant to criminalize those who drink responsibly and are not causing problems, but rather to address individuals who are so impaired that they pose a danger to themselves or others.
49.02 Texas Penal Code
Sec. 49.02. PUBLIC INTOXICATION. (a) A person commits an offense if the person appears in a public place while intoxicated to the degree that the person may endanger the person or another.
What does a Class C Offense mean?
A Class C offense in Texas is a minor criminal offense, punishable by a fine of up to $500. Examples include traffic violations and some city ordinance violations. Class C offenders cannot be sentenced to jail time, only fines. This is also the case with public intoxication, which is a Class C offense in Texas, except for the original arrest, where an individual can be held in custody until sober.
What court does public intoxication get filed in?
Class C misdemeanors like public intoxication are filed in Justice of the Peace Precinct 3 of Montgomery County, Texas. This is located at 1520 Lake Front Circle Ste. 100 The Woodlands, TX 77380. Court records can be found online by anyone in the public with an internet connection. http://odyssey.mctx.org/JP3/Search.aspx?ID=100.
Your attorney can file a letter of representation and receive discovery of documents and videos that can help prove your innocence or get your case dismissed.
Can you get a Public Intoxication charge taken off your record?
The best way to get a case taken "off your record" is to get it dismissed by the district attorney and expunged. An expunction is a separate civil proceeding in Texas. An expunction is a legal process in Texas by which a person can have their criminal record sealed or destroyed. This means that the records of the arrest, charges, and any conviction are removed from the official records of law enforcement agencies, courts, and other state agencies. Expunction is only available for certain types of offenses and under specific circumstances. In the case of Class C misdemeanors, expunction is only available if the person was acquitted of the charges, if the charges were dismissed, or if the person was granted a conditional discharge. This means that if a person was arrested and charged with a Class C misdemeanor, but was found not guilty at trial or the charges were dismissed, they can petition the court for an expunction. However, if the person was convicted of the Class C misdemeanor, they will not be eligible for an expunction.
What experience does Brian Foley Law PLLC have with class C offenses in Montgomery County, Texas?
When Brian was a prosecutor with the Montgomery County, District Attorney's office he was assigned to the JP or Class C prosecutor position at the beginning of his career and is the primary author of the Montgomery County District Attorney's Office JP prosecutor manual. Quite literally Brian wrote the book on JP prosecutions in Montgomery County, Texas. Brian has helped numerous individuals get their cases dismissed in JP3 and other courts for public intoxication. Come see us at our Market Street Location at 9595 Six Pines Drive in The Woodlands, Texas.
FORMER CHIEF PROSECUTOR
WROTE THE JP MANUAL FOR MONTGOMERY COUNTY, TEXAS
bottom of page