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Walking down sidewalk while drunk does not meet new conditions for public intox, COA rules

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Four criteria added to the state’s public intoxication statute in 2012 presented the Indiana Court of Appeals with a question of first impression when it considered a man’s arrest for being drunk in a public place.

David Holbert was stopped by police after a neighbor observed his suspicious behavior and called 9-1-1. Officers discovered a baggie of marijuana and noted his eyes were glassy and bloodshot, he smelled of alcohol, his speech was slow and slurred, and he walked unsteadily.

Subsequently, the state charged Holbert with possession of marijuana, as a Class A misdemeanor, and public intoxication, as a Class B misdemeanor.  

Holbert argued the state failed to present sufficient evidence to support his conviction for public intoxication. In 2012, the Indiana General Assembly amended the public intoxication statute, Indiana Code 7.1-5-1-3, by adding four conditions that clarify when drunkenness becomes a Class B misdemeanor.

These criteria are the endangerment of the individual’s life; the endangerment of the life of another person; breaching the peace or in imminent danger of breaching the peace; or harassing, annoying or alarming another person.

Holbert asserted he did not meet any of the four criteria while in a public place and therefore could not be convicted of public intoxication.

The Court of Appeals agreed. In David Holbert v. State of Indiana, 49A05-1302-CR-54, the court reversed Holbert’s conviction, finding no evidence that he engaged in any of the four listed criteria.
 

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  1. Not enough copperheads here to care anymore, is my guess. Otherwise, a totally pointless gesture. ... Oh wait: was this done because somebody want to avoid bad press - or was it that some weak kneed officials cravenly fear "protest" violence by "urban youths.."

  2. Should be beat this rap, I would not recommend lion hunting in Zimbabwe to celebrate.

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  5. All these sites putting up all the crap they do making Brent Look like A Monster like he's not a good person . First off th fight actually started not because of Brent but because of one of his friends then when the fight popped off his friend ran like a coward which left Brent to fend for himself .It IS NOT a crime to defend yourself 3 of them and 1 of him . just so happened he was a better fighter. I'm Brent s wife so I know him personally and up close . He's a very caring kind loving man . He's not abusive in any way . He is a loving father and really shouldn't be where he is not for self defense . Now because of one of his stupid friends trying to show off and turning out to be nothing but a coward and leaving Brent to be jumped by 3 men not only is Brent suffering but Me his wife , his kids abd step kidshis mom and brother his family is left to live without him abd suffering in more ways then one . that man was and still is my smile ....he's the one real thing I've ever had in my life .....f@#@ You Lafayette court system . Learn to do your jobs right he maybe should have gotten that year for misdemeanor battery but that s it . not one person can stand to me and tell me if u we're in a fight facing 3 men and u just by yourself u wouldn't fight back that you wouldn't do everything u could to walk away to ur family ur kids That's what Brent is guilty of trying to defend himself against 3 men he wanted to go home tohisfamily worse then they did he just happened to be a better fighter and he got the best of th others . what would you do ? Stand there lay there and be stomped and beaten or would u give it everything u got and fight back ? I'd of done the same only I'm so smallid of probably shot or stabbed or picked up something to use as a weapon . if it was me or them I'd do everything I could to make sure I was going to live that I would make it hone to see my kids and husband . I Love You Brent Anthony Forever & Always .....Soul 1 baby

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