Posted on 03/22/2006 4:32:35 PM PST by stacytec
SAN ANTONIO, Texas (Reuters) - Texas has begun sending undercover agents into bars to arrest drinkers for being drunk, a spokeswoman for the Texas Alcoholic Beverage Commission said on Wednesday.
The first sting operation was conducted recently in a Dallas suburb where agents infiltrated 36 bars and arrested 30 people for public intoxication, said the commission's Carolyn Beck.
Being in a bar does not exempt one from the state laws against public drunkenness, Beck said.
The goal, she said, was to detain drunks before they leave a bar and go do something dangerous like drive a car.
"We feel that the only way we're going to get at the drunk driving problem and the problem of people hurting each other while drunk is by crackdowns like this," she said.
"There are a lot of dangerous and stupid things people do when they're intoxicated, other than get behind the wheel of a car," Beck said. "People walk out into traffic and get run over, people jump off of balconies trying to reach a swimming pool and miss."
She said the sting operations would continue throughout the state.
The TABC issues and enforces all laws concerning liquor licenses in Texas. you toss them out, you lose your license.
Public Intoxication Statute of Texas
49.02 Public Intoxication
"Public Intoxication" means:
A person commits an offense if the person appears in a public place while intoxicated to the degree that the person may endanger the person or another.
"Intoxicated" is defined as:
not having the normal use of mental or physical faculties by reason of the introduction of alcohol, controlled substance, a drug, a dangerous drug, a combination of two or more of those substances, or any other substance into the body; or
having an alcohol concentration of 0.08 or more.
An offence under this section is a Class C Misdemeanor. An individual adjudged guilty of a Class C misdemeanor shall be punished by a fine not to exceed $500.00. However, for a minor, the punishment terms are in the same manner as if he committed the offense of Possession of Alcohol by a Minor.
Yep, Kinky is looking better every day.
Although I am pessimistic at times, I believe in this country and am positive that all will (eventually) be made right.
Welcome, and Godspeed.
".......doesn't it make sense to you?"
You know, it kinda does, in an end-of-American kinda way...........
Looks like Las Vegas is the one remaining place in the country where you can smoke, drink and abuse women with impunity.
Dang!
I'd be more worried they might have guns when they're drunk.
Is this not somewhat akin to going undercover in a gun shop and arresting perfectly legal gun buyers upon completion of the transfer, on the grounds that by owning and posessing a gun, they could POTENTIALLY hurt or kill someone?
Or does that arrest only happen if they actually buy ammo for the gun at the same time?
Just a matter of time until one's arrested for drankin' in one's home.
Warning for your in-laws ping.
Local offices are just that - staffed and operated by local personnel. Field or 'Enforcement Personnel' are not hired, placed or assigned by state TABC officials. The local office manager may or may not fall in this category.
Actually, as Texas peace officers on a licensed premises they have all power they need to arrest people who are commiting violations of the law in their presence.
Key words here - "...people who are commiting violations of the law in their presence." Drinking in a bar hardly qualifies as a violation of code. We are not discussing drunken, loud, disruptive behavior. I have repeatedly seen bar personnel threatened for asking the TABC gooners to not harras patrons who were not acting in any of those ways. Also, at my time of observation, TABC field personnel were not allowed to carry side arms. Handcuffs, radios and Maglites were SOE.
While I learn new things all of the time, I have never heard of a public intoxication suspect being offered a beath test. They give those to DWI suspects, because there is a law against operating a motor vehicle with a blood or beath alcohol over 0.8. The only crime you can commit in Texas while not operating a motor vehicle where a certain alcohol content makes you guilty is the offense of assembling an amusement ride while intoxicated.
Generic term, beg pardon on using that. Fill the cup or roll up your sleeve. An official record of BAC need be established for charges. Video may bear witness to suspected intoxication, however a standardized and legally admissable record from a tested and verified machine is required.
See above comment about TABC not being local. Plus any law enforcement agency in Texas that "keeps" anything, except forfeited property after a lawsuit and trial, will soon find the Texas Rangers and/or FBI visiting.
Look at funding and disbursement channels for TABC fines.
Refusing to go outside after you have been legally arrested adds the Class A misdemeanor ($2,000 fine and six months in jail) offense of resisting arrest to the Class C misdemeanor ($500 fine and no jail time) offense of public intoxication. It also makes it a lot harder for your attorney to paint you an the innocent victim of an out of control officer, and a lot easier for the prosecutor to paint you as drunk out of your mind and exactly the sort of danger tothe public who needs to go to jail and sleep it off.See exact statement."Refusing to go outside after you have been legally arrested..." is not applicable in thease situations. We are discussing agents who enter a premise without being called and without the consent of the operating personnel (Bartenders, Management and/or servers) and accost patrons. These patrons are then tricked or intimidated into following these clowns outside, onto then public property - "In Public", - where they are then goaded and further harrassed both mentally and in some cases physically - pushed, handled and poked with Maglites. Then, in most cases without an eyeflutter test, these patrons are handcuffed and a waiting local PD car is called on scene.
I think we both agree that drunks should be weeded out and removed from situations of vehicle operation and rowdy, abusive and disruptive activities. I have no problem with this.
Here we are speaking about a group of loose cannons with a known history of intimidating and violating the rights of citizens. Seen 'em in actions more than once. Not the best that Texas has to offer. Thanks.
Big Brother is coming. I guess the police are tired of losing the drug war so they will go after the easier targets.
You already can't smoke one of those marijuana cigarettes.
Actually, there are no more peace officers. Not in Texas, nor anywhere else.
They're all law enforcement officers now.
The goal, she said, was to detain drunks before they leave a bar and go do something dangerous like drive a car
The goal is...to snatch,seine,deceive,connive,steal,sabotage,pick-the-pockets of taxpayers of their MONEY.And they decided bars are more likely to have middle class and low life class of people(of course), excluding Houston Oaks and Dinner Theaters where people have more than 2 drinks per hour that excedes the limit and pubs where the local lawyers and local cops drink.For some reason this sounds like a GOV.Rick Perry appointee.I have not had much if any dealings with law enforcment,but I have found out by experience with 2 situations that a common tape recorder is a good conpanion where ever you go.
Thank you for your kind words. Actually, my parents made all the sacrifices (and there were many) - I was only 6. I mention this occasionally on FR not to brag, but to make the point that we're heading down the wrong path.
You don't have to apologize - you've never taken 1/3 of my paycheck every week, ran me off the road and gave me a bill at gunpoint, kept me from buying beer on Sundays, etc. On the contrary, you clearly understand what freedom IS. Your posts over the years fit my definition of freedom as briefly defined in my tagline. I don't mean for my screen name and tagline to sound Utopian, but rather as a goal to work towards. And you're right - I believe one day we'll move much closer to that goal.
Cheers.
Perhaps someone should arrest and jail Carolyn Beck for prostitution. After all, she has all the requisite equipment, and if she has not yet evinced any intent to violate the law, she MAY at some future date, do so. Clearly, then, she must be detained and prosecuted before she does harm to herself and the public weal.
"I liked it then and I like it now..."
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