THREE ARRESTED AFTER BRENHAM TRAFFIC STOP
(Washington Co. Jail)
Three North Carolina residents have been arrested after a weekend traffic stop in Brenham.
(Washington Co. Jail)
Police pulled over a vehicle in the 4700 block of U.S. Highway 290 West, near Wonder Hill Road, just before 5:00 a.m., Saturday.
The driver, 27-year old David Avalos was arrested for Driving While Intoxicated. Two passengers, 28-year old Hector Escobar and 31-year old Milton Arrias were both charged with public intoxication.
(Washington Co. Jail)
All three were taken to the Washington County Jail.
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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.
The same section of the penal code defines the road or highway as the area between the two rights of way/property lines/ditches. The roadway is considered public space. I think you are correct in your assumption that a rider or riders could be charged with public intoxication, even though the driver may be sober; the charge would likely stem from the fact that they may “endanger themselves or another” (in this scenario, the driver). I’m sure that most LEO’s would prefer that a sober driver take an intoxicated person home rather than letting them drive; however, in this case, it would appear that there was a drunken driver with two intoxicated passengers.
I have a question, How can someone riding in a car be charged with Public Intoxication? If that is true anyone coming from a wedding , Party or dinner that is riding with a Non Drinking driver can be charged with public intoxication.
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Pretty much in this day and age.They can be charged when they are asked to step out of the vehicle and out of the vehicle =now In public/and possibly just beceme a danger to themself or others. And it’s not going to be the easiest of tasks in court proving you weren’t “intoxicated” with your word vs theirs (civilian vs officer) with your only hope being the camera that gets bumped,shaken,and dusty on the daily 20-25ft back behind you In the officers car.