Daytona Beach Disorderly Intoxication Attorney
Contact Kevin J. Pitts for a free consultation.
In State v. Holden, 299 So. 2d 8, 9 (Fla. 1974), the Florida Supreme Court recognized that Fla. Stat. §856.011 is limited “to situations where the public safety is endangered.” See also Jernigan v. State, 566 So. 2d 39, 40 (Fla. 1st DCA 1990) (“To sustain a conviction for disorderly intoxication as described in section 856.011(1), Fla. Stat.(1997), the State must prove not only that a person is intoxicated but that the public safety is endangered.”) Florida courts have found that actions such as “talking loudly, using profanity, and causing ‘sort of a little disturbance' are insufficient to sustain a conviction for disorderly intoxication” See Blake v. State, 433 So. 2d 611, 612 (Fla. 1st DCA 1983). Appellant's conviction for disorderly intoxication must be reversed as the public safety was never in danger. Mallet, v. State, 11 Fla. L. Weekly Supp. 617b.
If you are arrested for disorderly intoxication in Daytona Beach you have rights. Just because you are loud and intoxicated in Volusia County does not mean your free speech rights dissappear.
Attorney Kevin J. Pitts is an experienced Daytona Beach criminal defense attorney. Mr. Pitts has defended and prosecuted disorderly conduct and Daytona Beach disorderly intoxication cases. Cussing at a police officer will often get you arrested but will rarely get you convicted. The first amendment protects most speech and as long as the speech does not involve race or the classic fire in a theater it will most likely be protected. Call Daytona Beach disorderly intoxication attorney Kevin J. Pitts today at 386-