Daytona Beach Disorderly Intoxication Lawyer - Florida Disorderly Conduct Law, Defenses and Information Florida Statute 877.03

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.