Public Intoxication Vs. Public Endangerment: Local Ordinance Defense Tactics
Summer festivals, bonfires on the beach, and boardwalk parties can get rowdy very quickly. They come with crowds, celebration, and often, more than their fair share of arrests. If you were arrested or cited for public intoxication or endangerment during a night out, you aren’t alone. These charges are very common in these settings, and you have options. With the help of our criminal defense lawyers, you can push back on questionable charges.
At the Law Offices of Robin D. Perry & Associates, we fight aggressively on behalf of clients who are facing criminal charges. Founder Robin D. Perry, Esq. has advocated for clients for more than 25 years, bringing his experience as a prosecutor to the other side of the table. Find out how we can help you by calling us at 562-216-2944.
Public Intoxication: What it Means
In many jurisdictions, public intoxication is a misdemeanor. You may be charged with public intoxication if you are visibly impaired by drugs or alcohol in a public place. Police often identify impaired individuals when they cause a disturbance, put themselves or others in danger, and obstruct public walkways or roadways.
Public Endangerment—a Step Up in Severity
Public endangerment is a charge somewhat similar to public intoxication. Many people charged with public endangerment are impaired, but the key issue of this charge isn’t the impairment. It’s how the individual endangers themselves and the people around them. Charges for public endangerment often follow behaviors like setting off fireworks near a crowd, throwing objects at or near other people, or driving a golf cart while impaired.
Both of these charges are often somewhat minor, but your criminal defense lawyer knows that they carry different legal implications.
Local Ordinances Can Make or Break a Case
In cities and towns with heavy summer foot traffic or a large tourist industry, city legislators often pass specific laws that aim to control crowd behavior and keep the streets safe for visitors. These laws may aim to ban open containers, create curfews, enforce strict noise restrictions, prohibit loitering in parking lots and beach access areas, and create harsh punishments for those who disturb the peace.
When you get arrested under a local ordinance, you’re not just fighting state laws. You are going up against local ordinances that may be vaguely written, inconsistently enforced, and unknown to non-residents. These ordinances may not even have been challenged in court before, as those charged often just pay the fine to put the matter behind them rather than make their case in court.
The good news is that local ordinances open the door for your criminal defense attorney to challenge various aspects of the case against you. They may question whether or not the ordinance was clearly posted, if the arresting officer understood and applied the ordinance correctly, and whether or not your behavior even broke the law. Behavior may seem inappropriate or irritating to people, but that doesn’t automatically mean it fits an ordinance.
Common Arrest Triggers During Summer Events
You don’t have to be belligerent, rude, or dangerous to get cited or arrested for public intoxication or endangerment. In fact, some of the most common situations we see include:
- Post-concert tailgates: Hanging out in parking lots, getting too loud, or lingering past curfew (especially for minors) can all trigger unexpected arrests.
- Beach parties: Beach parties often involve open containers, unapproved fires, unintentionally wandering onto private property, or causing a disturbance.
- Boardwalk tussles: Being intoxicated in a crowd, yelling or even just getting too loud, or refusing to leave an area when asked often lead to arrests.
Criminal defense law firms often handle cases where officers incorrectly apply the terms of an ordinance simply to make an arrest. Officers may be under pressure to control a crowd and avoid scaring visitors away from local attractions, leading them to be a little heavy-handed with the arrests.
Misdemeanor Defense Strategies That Work
Your criminal defense attorney may explore a wide range of defense strategies. For example, they may challenge the public element of the charges against you—were you really in public if you were on your hotel balcony or in a parked RV? They may also challenge signs of intoxication, since the behavior of someone just enjoying themselves on a night out is often very similar to the behavior of someone who is intoxicated. They may also emphasize that your behavior was non-threatening.
Protect Your Rights With the Law Offices of Robin D. Perry & Associates
At the Law Offices of Robin D. Perry & Associates, we are committed to helping people like you push back against unfair or overreaching criminal charges. Find out how our criminal defense law firm can help by calling us at 562-216-2944 or reaching out to us online.
Attorney Robin D. Perry has been part of the Long Beach Community for over 25 years handling business litigation, employment litigation and advising, criminal defense, personal injury and code enforcement defense for businesses.
