Whether you have been charged with breach of the peace, disorderly
conduct, or disorderly intoxication we can help. The attorney has experience is all of the above mentioned charges, and is
able to put that experience to work for you. Call (305) 598-4490 for a free consultation!
Disorderly Conduct
877.03 Breach of the peace;
disorderly conduct.--
Whoever commits such acts as are of a nature to corrupt the public morals, or outrage
the sense of public decency, or affect the peace and quiet of persons who may witness them, or engages in brawling or fighting,
or engages in such conduct as to constitute a breach of the peace or disorderly conduct, shall be guilty of a misdemeanor
of the second degree, punishable as provided in s. 775.082 or s. 775.083.
509.143 Disorderly conduct on
the premises of an establishment; detention; arrest; immunity from liability.--
(1) An operator may take
a person into custody and detain that person in a reasonable manner and for a reasonable time if the operator has probable
cause to believe that the person was engaging in disorderly conduct in violation of s. 877.03 on the premises of the licensed
establishment and that such conduct was creating a threat to the life or safety of the person or others. The operator shall
call a law enforcement officer to the scene immediately after detaining a person under this subsection.
(2) A law
enforcement officer may arrest, either on or off the premises of the licensed establishment and without a warrant, any person
the officer has probable cause to believe violated s. 877.03 on the premises of a licensed establishment and, in the course
of such violation, created a threat to the life or safety of the person or others.
(3) An operator or a law enforcement
officer who detains a person under subsection (1) or makes an arrest under subsection (2) is not civilly or criminally liable
for false arrest, false imprisonment, or unlawful detention on the basis of any action taken in compliance with subsection
(1) or subsection (2).
(4) A person who resists the reasonable efforts of an operator or a law enforcement officer
to detain or arrest that person in accordance with this section is guilty of a misdemeanor of the first degree, punishable
as provided in s. 775.082 or s. 775.083, unless the person did not know or did not have reason to know that the person seeking
to make such detention or arrest was the operator of the establishment or a law enforcement officer.
Disorderly Intoxication
856.011 Disorderly intoxication.--
(1) No person in the state shall be intoxicated and endanger the safety of
another person or property, and no person in the state shall be intoxicated or drink any alcoholic beverage in a public place
or in or upon any public conveyance and cause a public disturbance.
(2) Any person violating the provisions of this section shall be guilty of a misdemeanor of the second degree,
punishable as provided in s. 775.082 or s. 775.083.
(3) Any person who shall have been convicted or have
forfeited collateral under the provisions of subsection (1) three times in the preceding 12 months shall be deemed a habitual
offender and may be committed by the court to an appropriate treatment resource for a period of not more than 60 days. Any
peace officer, in lieu of incarcerating an intoxicated person for violation of subsection (1), may take or send the intoxicated
person to her or his home or to a public or private health facility, and the law enforcement officer may take reasonable measures
to ascertain the commercial transportation used for such purposes is paid for by such person in advance. Any law enforcement
officers so acting shall be considered as carrying out their official duty.
WE COVER BROWARD, GLADES, HENDRY, INDIAN RIVER, LEE, MARTIN, MIAMI-DADE, MONROE, PALM BEACH,
AND ST. LUCIE COUNTIES. IF YOU RECEIVED A TRAFFIC TICKET IN ANOTHER FLORIDA COUNTY CLICK HERE, AND AN ATTORNEY IN THAT COUNTY CONTACT YOU SHORTLY.
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