If Shelton took her to Durham Access would she be in charge of her care? Would she have the right to refuse?
Common sense says if Shelton took her because she was passed out drunk, there would have to be some sort of documentation, correct?
I hope we haven't reached the point were any of us can be thrown in the tank just because the cop thought we were drunk.
I think Shelton took her to Durham Access because she was out of it and refused to answer any of their questions. They asked her name, where she lived and she wouldn't answer. They opted for Durham Access because they couldn't figure out anything else to do with her.
Shelton probably thought she was a disturbed person who was on something. Which would be correct actually.
If some one is too far gone to care for him or herself, such as being passed out cold, the cops in most jurisdiction are required to take them in for liability reasons and because it's a (minor) public offense - public intoxication.