29.1. Disorderly Intoxication | Pdf Doc Docx | Florida_JI

 Florida Jury Instructions   Criminal   29 Miscellaneous Crimes 
29.1. Disorderly Intoxication | Pdf Doc Docx | Florida_JI

Last updated: 2/28/2006

29.1. Disorderly Intoxication

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Description

29.1 DISORDERLY INTOXICATION 856.011, Fla. Stat. To prove the crime of Dioxication, the State msorderly Int ust prove the following [two] elements: Give 1 or 2 as applicable: 1. [Name of defendant] was intoxicated, and [name of defendant] endangered the safety of another [person] [property]. 2. [Name of defendant] was intoxicated or drank any alcoholic beverage in a [public place] [in or upon a public conveyance] and caused a public disturbance. DEFINITION: Intoxication means more than merely being under the influence of an alcoholic beverage. Intoxication means that the defendant must have been so affected from the drinking of an alcoholic beverage as to have lost or been deprived of the normal control of either the defendants body or meh. Intoxication is synonymntal faculties or botous with drunk. OPTIONAL DEFINITIONS: 1. The defendants admission that the defendant drank an alcoholic beverage is not sufficient by itself to prove beyond a reasonable doubt that the defendant was under the influence of an alcoholic beverage but this admission may be taken into consideration along with other evidence. 2. A public place is a place where the public has right to be and to go. NOTE TO JUDGE: This is the standard jury instruction. Please see the statute, however, because it looks like there are not 2 elements as above but rather they are alternative elements.

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