Public intox while sleeping in own car parked in own private driveway?

My boyfriend got arrested last night for Public Intox. He was locked out of his house after being dropped off and decided to sleep in his car which was parked in his driveway (the driveway is private and only for use of his residence). After about an hour of sleeping the police saw him in his vehicle and arrested him for Public Intox. He is still in Jail this morning....Is that legal? he was in his own car on his own property parking in a private driveway? that doesn't sound public to me nor does the arrest seem to show probable cause? Do we have a case? Whats the chances of this being Thrown out?

BTW, we live in Indiana

Update:

its a bad neighborhood and as far as we know he was sleeping next thing he knows cops are knocking on the window and claims they were checking on him but then arrests him after smelling the booze in his breath

Update 2:

He Did NOT even have the keys (hence he couldnt get in the house)...and he slept in the backseat it wouldnt matter he had no possible way of starting the car

Update 3:

do people even read the details at all??!!!! I clearly stated he DID NOT HAVE THE KEYS!!!!! Therefore unless he knows how to do magic Tricks he could not have physically started or moved the car in any way shape or form nor was he ever driving that car in the 1st place.Like I said he GOT A RIDE TO AND FROM THE BAR.

Update 4:

Im sorry not everyone has perfectly nice brand new cars...sometimes things dont work. His 1980's Lincoln passenger side front door doesnt lock. And fwi I've had a few cars with 1 or more non-working locks...not everyone has cars made after 1997

16 Answers

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  • 1 decade ago
    Best Answer

    Well I think you may not be telling or may not know the WHOLE story...I bet he gave the cops a hard time or was belligerant when they woke him up to check on him. I would have had him go inside unless they tried that and nobody answered the door. If he is drunk and acting a fool you cannot just leave him in the public like that where he might drive off or walk into the roadway drunk. He would have to be released to a responsible, sober, party. If he was an idiot to the cops I would have found a reason to arrest him.

  • 4 years ago

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    Public intox while sleeping in own car parked in own private driveway?

    My boyfriend got arrested last night for Public Intox. He was locked out of his house after being dropped off and decided to sleep in his car which was parked in his driveway (the driveway is private and only for use of his residence). After about an hour of sleeping the police saw him in his...

    Source(s): public intox sleeping car parked private driveway: https://shortly.im/avi0I
  • Anonymous
    1 decade ago

    The first answer is correct - in Indiana, Georgia and some other states all he must do to qualify is be visible to the public, even if on private property and fail a sobriety test -either breath or field testing and he is on his way to jail. Now I realize that he could have been asleep in his Rv and out of sight and none of this would have happened, however, the law allows for very vague qualifications of public so in your garage with the door up, on the porch etc. all qualify. They do not need any other cause to enter private property. He has almost no chance of dismissal except through a pretrial intervention program if your area has one. He needs a lawyer and he needs one badly. Law listed below:

    There is the little issue of his drinking. No too many adults drink to the point where they are locked out of their own house, forgot the keys or whatever and try to sleep it off in the car. Alcohol clearly is having a harmful effect upon his life - the textbook example of a person with a drinking problem. So instead of worrying so much about his arrest you and his family, need to consider addressing the root issue.

    Source(s): IC 7.1-5-1-3 Public intoxication prohibited Sec. 3. It is a Class B misdemeanor for a person to be in a public place or a place of public resort in a state of intoxication caused by the person's use of alcohol or a controlled substance (as defined in IC 35-48-1-9). (Formerly: Acts 1973, P.L.55, SEC.1.) As amended by Acts 1978, P.L.2, SEC.702; P.L.213-2001, SEC.2.
  • 1 decade ago

    It's just like sitting on your front porch, where everybody can see you. You can be charged with public intoxication for drinking a few beers sitting on your own porch. It also depends on the officer. I probably would have told your boyfriend to get somebody to let him in the house, depending on his attitude. As for PC(probable cause), the officer was doing his job. Normally, people don't sleep in their cars while parked in their driveway. Your boyfriend could have been dead or in need of medical attention. I thought I had a drunk driver about three months ago, turns out the guy was having a heart attack at the wheel.

    Source(s): Police Officer
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  • 1 decade ago

    I think it's illegal to be in the driver's seat while intoxicated, whether the car is in motion or parked. Then technically, he could have been charged with a DUI. Next time tell him to sleep on the passenger's side. He might just get a fine for Public Intoxication.

  • 1 decade ago

    You are missing the point... "Boyfriend" may have a situation with booze. Don't you see the Power Above trying to send him a message? It does not matter he was in his own car in his own driveway. You know... I'm sitting here thinking if I can find words strong enough. How about I let God speak thru me... "Boyfriend is headed for a very-very bad accident. He could either kill himself of someone else. He could end up blind for the rest of his life (or lose an arm or leg)". (When I got arrested the same way) The police told me they were doing it to prevent my waking up and thinking I was O.K. to drive (because in "my" mind I had gotten some sleep). They have had "almost" sober drivers cause many-many accidents in the past.

    I'm not going to drag you thru my "Drunk-ah-log" but this puppy is darn glad I got arrested and did not kill someone or whatever !!!!

    P.S. Go ahead and tell me you will enjoy kissing boyfriend after he's had a real bad accident and lost his face.

    Source(s): 23+ year clean and sober (with AA & NA)
  • 1 decade ago

    I agree completely with Thomas and he is right. Public means he is visible, so the Public Intox.

  • 1 decade ago

    Don't know about the public intox, but if he had the keys on him, he can be charged with being intoxicated while in charge of a motor vehicle, mind you, that's in the UK, don't know about the states.

  • 1 decade ago

    I would look into an attorney. as long as the car was not running (they could think intent of driving) or even if the keys were in the ignition.

    it seems weird that they would drive there on a whim.. Look into that.

    GET AN ATTORNEY. He can get a court appointed attorney if he cannot afford one.

    Source(s): my life
  • Anonymous
    1 decade ago

    That's stupid. How is that public intoxication?

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