Another year has come and gone and it will only be hours until we ring in the new year. As you probably know our goal is to help people day in and day out. We see two common issues that arise on NYE and wanted to highlight them for our readers. Sometimes the thrill of ringing in the New Year can cause people to forget proper manners. Given the fun times that are only hours away we wanted to arm you with the best tools to keep your New Year fun and keep you out of trouble. Here are few things to remember:
Public intoxication, also known as being "drunk and disorderly” is probably one of the most common charges issued on NYE. This occurs when a person is under the influence of alcohol in public and is generally considered a misdemeanor charge. Public intoxication laws were put into effect as a means to remove people who are under the influence from the general public as a safety precaution.
There a few elements that a person must meet before being charged with public intoxication.
1. The person seems to be under the influence of alcohol
2. The person is drunk; and
3. The person is in a public setting.
In some states, in order to be convicted of public intoxication, the prosecutor must prove that a person was out of control, was unable to maintain themselves, and the person presented a threat to themselves and others.
Expectation of Privacy:
The laws surrounding the expectation of privacy are tricky. Depending on how you look at it, mobile phones, social media and other technological devices can be your saving grace or your downfall. If someone is in a place where they have no expectation of privacy (think any public area, restaurant, etc), then others can take photographs and video of that individual. While it may seem creepy and feel like an invasion of privacy, there is nothing unlawful about it. It is a good idea to remember that technology these days allows for almost anything to be captured in time. Take the time to be aware of your actions in the moment so you don’t wake up the next day with regrets.
We send everyone off with wonderful wishes and plans for the new year ahead. If, for some reason, you find yourself, or a friend, in trouble, remember Legal Experts on JustAnswer are available 24/7 to help you with whatever situation you may find yourself in.
Happy New Year!