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Monmouth County Public Intoxication 2017-04-28T12:29:24+00:00

Monmouth County Public Intoxication

Dedicated Legal Representation in Monmouth County and Ocean County, NJ

NJ DWI

Experienced and Effective Legal Representation in NJ Public Intoxication Lawyer located in Red Bank.

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Monmouth County, NJ Public Intoxication Lawyer for charges related Public intoxication, also known as “drunk and disorderly”

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Have you been charged with violating New Jersey’s public intoxication law? Do you need NJ Lawyer to Assist you?

IMGoldman Legal Group public intoxication lawyers represent clients throughout Ocean and Monmouth County, NJ  in defending against drunk and disorderly charges.

New Jersey Public Intoxication Laws

State Law

Even though public intoxication is not a crime in New Jersey, people who are intoxicated and operate a vehicle or other machinery in public can still be prosecuted and convicted of driving under the influence (DUI) or similar crimes.

(N.J. Stat. Ann. § 26:2B-26.)

People who are intoxicated and commit other crimes, such as sexual assault or robbery, can still be convicted and punished for those crimes.

Protective Custody

Under New Jersey’s laws, police officers and emergency medical personnel may take a person who is intoxicated in public into protective custody and bring the person to his or her residence or to a treatment center.

If the person is incapacitated (unconscious, incapable of making rational decisions, in need of serious medical attention, or likely to suffer significant harm), the officer must take the person to a treatment facility.

People who are taken into protective custody are not under arrest but they may be searched. Police may also ask the person to submit to a field sobriety test or breathalyzer test and, if necessary, use force to take a person into custody so long as it is not likely to cause injury.

For more information on field sobriety tests, see Refusing to Perform a Field Sobriety Test.

(N.J. Stat. Ann. §§ 26:2B-8, 26:2B-16.)

For example, if a police officer sees a group of people on the street who have clearly been drinking and one of them is so drunk that the person cannot walk or stand up, has slurred speech and is disoriented, the officer would have to take the person to a treatment center. If the other people in the group were not similarly incapacitated, the officer could bring those people to their homes or to a treatment center, or merely send them on their way.

Local Regulation

Local governments in New Jersey, including counties and cities, are not permitted to pass laws criminalizing public intoxication.

(N.J. Stat. Ann. § 26:2B-26.)

Generally, however, local governments are allowed to limit the use and sale of alcohol to certain times, places, and people.

Monmouth County Public Intoxication Lawyer

If you have been arrested and have a past conviction in New Jersey, Contact IMGoldman Legal Group Monmouth County, NJ Criminal Lawyer for advice and representation from a knowledgeable and experienced Red Bank, NJ criminal defense attorney.

Experienced Criminal Lawyer Available Now To Assist You