Model Answer

Q: Pushpa, a resident of 15, Nehru Park, Bangalore, is excessively worried about high-pitch
songs even at late nights played on the public places. She cannot concentrate in her studies
in such a circumstance. She writes a letter to the Police Commissioner complaining about
the nuisance of loudspeakers in her city. Draft the letter for Pushpa
Ans:
15, Nehru Park
Bangalore

26 Aug 2011

The Police Commissioner
Bangalore

Sir
Sub: Complaint regarding nuisance of loudspeakers
I, On behalf of the residents of my locality, would like to draw your kind attention
towards the nuisance of loudspeakers in the city increasing day by day. They are used in
temples and gurdwaras. They are, also, used in marriages, jagarans, meetings, rallies and
all sorts of social, religious and other gatherings. Whenever the people gather for social
cause at one place, they use it as if this is their birth right to disturb the people. The poor
students are the worst sufferers. They find it difficult to concentrate on their studies. For
the common man, too, the noise of loudspeakers is very irritating.
Think of those who are the patients of hypertension, or those who sleep on pills! How much
painful it might be for them to cope with such an odd situation created by their fellow
brethren.
Therefore, your good self is cordially requested that some checks must be put on the
use of loudspeakers in the city so that the residents can get a calm and peaceful atmosphere
to live in. A sure shot action is solicited in this regard.
Hoping for your diligent and favourable response.
Thanking you,
Yours faithfully
Pushpa

Public Intoxication Laws and
Penalties

it should be punished as a crime.Public intoxication. jail time. punishable by fines. Attorney Share on Facebook Share on Google Plus Laws punishing public intoxication (also known as "drunken or disorderly conduct”) vary widely among states. The different approaches states have taken to regulating public intoxication reflect the various cultural viewpoints on the issue. public intoxication is a misdemeanor. and community service. These laws provide for consequences that by-pass the courts altogether. probation. Other states’ laws reflect the view that public intoxication. especially when it is chronic. drunk in public. Talk to a Criminal Defense Lawyer Enter Your Zip Code to Connect with a Lawyer Serving Your Area Zip Code: SEARCH by Janet Portman. Some states' laws reflect the feeling that because public intoxication disturbs the peace and harms society. including sending the . is a medical condition or social ill that can be addressed through treatment or other non-punitive measures. drunk and disorderly conduct - all refer to the same crime that's treated differently by each state. In these states.

individuals who are intoxicated in public may still be arrested if they are engaging in other criminal conduct. Learn about your state's laws on other alcohol related crimes. Some states do not have any statewide public intoxication laws at all. These include the following. Find out your state's laws regarding public intoxication. or factors. however. Even in places where no public intoxication laws exist. rather than a private residence or other area that is not open to the general public. that must be proved by the prosecution in order to convict a person of the offense. streets.intoxicated individuals to a treatment facility or a jail until they are no longer intoxicated. and parks. such as fighting or vandalism. This article summarizes the most common issues that come up with public intoxication charges. Examples of public places include sidewalks. It also describes possible defenses that an individual charged with public intoxication may raise. Additionally. but nevertheless regulate it through laws prohibiting disorderly conduct. some state public intoxication laws punish intoxication that occurs in areas where the defendant is on private . cities or counties have passed local ordinances punishing such conduct. Finally. bars and restaurants are considered public places because they are open to the general public. stadiums. What is Public Intoxication? In most states that punish public intoxication as a criminal offense. Some states that take this approach specifically prohibit local municipalities from passing criminal ordinances against public intoxication. some states do not treat public intoxication as a separate offense. Appearing in a public place Public intoxication laws require that the defendant be in a public place. there are several elements. In some states. and explains the penalties or other consequences associated with the offense or incident. In some of these states.

property but without the permission of the owner. the definition of "disturbance" is very broad—some states include actions such as blocking sidewalks or using offensive language. in most states. illegal drugs. if an officer believes that a person's intoxication is posing a threat to that person’s own safety. such as injuring other persons or harming property." For example. However. . How the prosecution proves that one or a combination of the substances mentioned above accounts for the defendant’s apparent intoxication is another matter. or posing a threat to his own safety. rather. Causing disturbance or harm to other persons or property or presenting a danger to oneself Most public intoxication laws require that the defendant created some kind of disturbance. a controlled substance. Instead. creating a disturbance while trespassing on another person's lawn may be the basis for a public intoxication charge. Some states do not even require that defendants actually be intoxicated. that they only appear to be. People whose behavior is traceable to the influence of a prescribed medication are not guilty of public intoxication. but is not creating a problem. or other intoxicant (including inhalants such as paint thinner or glue). however. Further. even though these areas are technically "private. This element exists to prevent law enforcement officers from arresting someone who has had some alcohol. a controlled substance or other intoxicant Many public intoxication laws require that the defendant be under the influence of alcohol. such as a blood alcohol test. States rarely require proof by means of a chemical test. the testimony of the arresting officer and any others present as to how the defendant behaved and appeared can be sufficient to enable the jury to conclude that the defendant was intoxicated. he may be taken into custody and charged with this offense. illegal drugs. Being under the influence of alcohol.

or detain them until they are no longer intoxicated. a first offense for public intoxication in Indiana may be punished with up to 180 days in jail and a $1. Most of these focus on showing that there is little or no evidence to support one or . such as Alaska." where he will remain for up to 72 hours. these states prohibit officers from making an arrest record or any other record of the incident. punishable by fines. rather than illegal drugs. If the defendant is taken to a "sobering facility." no criminal charges will be brought based solely upon the defendant's intoxication. Some states. Potential Defenses to Public Intoxication Charges There are several potential defenses to public intoxication charges.Learn about your State's DUI/DWI laws. the law enforcement officer must bring the defendant to a "sobering facility. In California. However. probation.  Public intoxication as a crime. public intoxication is considered a misdemeanor. For example. jail time. but require law enforcement officers to take offenders to a treatment facility.000 fine. In the majority of states with public intoxication laws. if the defendant is suspected of being under the influence of alcohol only. do not consider public intoxication a criminal offense. Public Intoxication Penalties The consequences for those convicted of public intoxication will depend on how the state (or municipality) has classified the behavior—as a crime or a medical condition. Other states require that the law enforcement officer take an intoxicated person to the person's home. or community service.  Public intoxication as a condition. public intoxication is a misdemeanor.

No harm. and then arrested for public intoxication. monetary fine. Finally. such as fighting or threatening to fight in public. see Can I be charged with public intoxication if I was under the influence of a prescription drug? DISTURBING THE PEACE Disturbing the peace. Not a public place. they were under the influence of a medication taken as directed while under the care of a licensed physician. he may have a valid defense. as explained above. Disturbing the peace laws are covered by state or local ordinances. For example. causing excessively loud noise. a defendant may not be ordered out of his home by a law enforcement officer and onto the sidewalk. A defendant may also introduce evidence to show that he was not causing a disturbance or actual or potential harm to himself or others. or even allowing a dog to bark for prolonged periods of time. is a criminal offense that occurs when a person engages in some form of disorderly conduct.more of the elements of the offense. When a person's words or conduct jeopardizes others right to peace and tranquility. this defense can be hard to substantiate unless the defendant has concrete evidence (such as a blood alcohol test) showing that he was not intoxicated. playing loud music. also known as breach of the peace. if the defendant was under the influence of "laughing gas" from a recent dental procedure. Not intoxicated. by shouting. A defendant may argue that he was not intoxicated at the time of the arrest. Some common examples are explained below. no foul. But because juries and judges tend to believe the testimony of the arresting officer. he or she may be charged with disturbing the peace. Prescription medication. Another potential defense is showing that the arrest was not made in a public place. To learn more about prescription medication and public intoxication. it is an offense punishable by jail time. For example. or both. or that the defendant was involuntarily in a public place at the time of arrest. While disturbing the peace is not considered a serious criminal offense. . defendants may argue that at the time of the arrest. For example. witnesses may be called to show that the defendant was not bothering anyone or anything.

morals or overall peace and quiet of the public. time. What Constitutes Disturbing the Peace? Disturbing the peace laws vary from state to state. Generally. actions.  Giving someone a gesture such as the middle finger. To determine guilt. harassed. and  Intentionally playing loud music during the night that continues. Purpose of the Law Disturbing the peace is a law against public disorder and chaos. and the person spoken to or touched (for example.  Accidentally bumping into someone. Laws against disorderly conduct. . relative or passerby). a court will look at the particular circumstances of each case. Some examples of disorderly conduct include:  Fighting or challenging someone to fight in a public place  Using offensive words in a public place likely to incite violence  Shouting in a public place intending to incite violence or unlawful activity  Bullying a student on or near school grounds  Knocking loudly on hotel doors of sleeping guests with the purpose of annoying them  Holding an unlawful public assembly  Shouting profanities out of a car window in front of a person's home over an extended period of time  Allowing excessive dog barking in a residential area. It is not enough that a person engaged in conduct that merely annoyed. and not in self-defense or to protect someone. Common actions that do not constitute disturbing the peace may include:  Engaging in horseplay. exist to prevent people from disturbing the peace of others while they are tending to their daily business and personal affairs. However. Disturbing the peace charges cover a variety of conduct and often falls under the broader "catch-all" category of disorderly conduct. if a person's non-violent actions are likely to incite violence or public disorder. disturbing the peace refers to words or conduct that compromises the safety. it must have been unlawful. If fighting was involved. Some of the factors a judge may consider include the location. the person's conduct must have been on purpose (willful) or with bad intent (malicious). place. even after a fair warning. health. student. (sometimes even against a police officer). a police officer. such as disturbing the peace.  Merely annoying someone. or embarrassed another person.  Simply embarrassing someone. In most states. criminal liability may apply. words. teacher.

but I had to" (as in self-defense or reasonable defense of others). Penalties and Punishment Disturbing the peace is a misdemeanor criminal offense. A person charged with disturbing the peace may face jail time of up to 90 days. it may be necessary to contact an attorney. or if there is imminent danger (such as fighting) you may want to contact the police and explain the situation to them. or (2) "I did it. This means that police are given broad discretion to apply the charge to many types of disruptive behavior. In addition to violating criminal laws against disturbing the peace. disruptive behavior may violate nuisance laws. Defenses to Disturbing the Peace: If you. police involvement may stop the disruptive behavior altogether. Disturbing the peace is a subjective charge. Contact the Police If the harm continues. A person who disrupts the peace is often given a fair warning by police. fines up to $400. a person may avoid jail time altogether if convicted. which includes many other types of public disturbances. In most cases. Generally. if so. Your Rights as a Victim If you. There is also the possibility that your actions fall under the protection of the First Amendment . in which case. In many instances. disturbing the peace is a first criminal offense and. What Can You Do? Ask Them to Stop the Behavior If the perpetrator is a neighbor or person you know. it is important to know your legal rights and defenses to minimize or avoid penalties and/or criminal charges. defenses to criminal charges fall into two categories: (1) "I didn't do it". or both. if none of the above actions help your situation. Contact a Lawyer Finally. are facing or may face disturbing the peace charges.Disturbing the peace may be charged as part of the broader catch-all crime of disorderly conduct. you might explain that their conduct is problematic and ask him or her to stop the behavior. Should the situation escalate. based on the factors listed above and the laws of the particular state. it is important to know what you can do to minimize or stop the harm your are experiencing. you should remove yourself immediately. filing a lawsuit against the perpetrator might help bring an end the disruptive behavior. or someone you know. and you do not feel physically threatened or in potential harm. believe that you are the victim of disorderly conduct or loud and excessive noise or disruption. or someone you know. or it may be charged separately.

they are additionally charged with the lesser offense of disturbing the peace. Check with a lawyer in your area to find out whether a defense may apply to your particular situation.See more at: . Actions taken in reasonable defense of oneself or others do not qualify. government. when a person is arrested for one of these greater offenses. and public nuisance. Additionally. Contact a local attorney to learn more about the specific disturbing the peace laws of your state. or security applications. Typically. Additional Considerations: Related Offenses Offenses related to disturbing the peace include public intoxication. the lesser charge of disturbing the peace is sought after in a plea negotiation. Often. disorderly conduct. indecent exposure. such as prostitution. Disturbing the Peace and Permanent Criminal Records In certain cases. it is often included among more serious crimes. Even so. such as on school. employment background checks. and what defense(s) might apply to a specific situation. nor do actions which constitute protected free speech. Finally. or other criminal threats. behavior must be willful and with malicious intent to constitute disturbing the peace. your actions in question may simply fall short of the type of peace disturbing conduct prohibited by law. If you have been charged with a greater criminal offense. domestic violence. Such charges may be filed of. You should check with your local state laws to find when and how you may need to disclose past disturbing the peace charges and convictions. battery. Because punishment for disturbing the peace often involves little or no jail time. Disturbing the Peace as a Plea Bargaining Tool Defense lawyers often use disturbing the peace as a plea bargaining tool against the more serious charges faced by their clients.right to free speech. Larger Criminal Charges Because of the broad nature of a disturbing the peace charge. conduct prohibited by disturbing the peace laws may expose the perpetrator to civil liability in a nuisance lawsuit files by an aggrieved individual such as a neighbor who has been continually disturbed. Disturbing the peace laws cover a wide variety of behaviors and vary from state to state. or in addition to. disturbing the peace charges. you may ask your lawyer whether negotiating a plea bargain for disturbing the peace might benefit you. minor offenses such as disturbing the peace are often excluded from criminal records. This is more common when the disturbing the peace conviction is a person's first offense. and other routine criminal activity checks. Conclusion Disturbing the peace is a crime against public disorder and chaos. there are some states and organizations that may require you to disclose this type of information. .

nearly a third of them children. file photo: Reuters) RELATED STORY: Dutch stub out smoking ban in small pubs RELATED STORY: Chinese city offers bucks for butts RELATED STORY: Heart Foundation backs outdoor smoking ban MAP: England Second-hand tobacco smoke kills upward of 600. which stem largely from individual choice. 35 per cent of women and 33 per cent of men were exposed to second-hand smoke in 2004.(Alexandra Beier. the most recent year for which data was available across the 192 countries examined. . Among non-smokers worldwide.000 people every year. 11:28am PHOTO: The study found second-hand tobacco smoke kills some 600.000 people worldwide every year. according to the first global assessment released Friday. 40 per cent of children. Unlike lifestyle diseases.000 a year: study Updated 26 Nov 2010. especially family members.Passive smoking kills 600. the victims of passive smoking pay the price for the behaviour of others.

All told.7 million people. said the study. for example. rather than lives lost. "Children's exposure to second-hand smoke most likely happens at home.When added to the 5. The ratio in Africa was nearly reversed: 9. "Infectious diseases and tobacco seems to be a deadly combination. But for children.388 to 71. followed by asthma and lung cancer. Adult deaths caused by second-hand tobacco were spread evenly across poor and rich nations. . The adult-to-child ratio of fatalities in high-income Europe. with the rest divided almost equally between children and men. Some 60 per cent were caused by heart disease and 30 per cent by lower respiratory infections. poverty made things much worse.514 to 43. One reason twice as many non-smoking women die is simply because they outnumber their male counterparts by 60 per cent. was 35. published in the British medical journal The Lancet.1 million fatalities attributable to active smoking.375. the study found. the final death toll from tobacco for 2004 was more than 5." the researchers noted." The tragedy of children felled by others' smoke is even greater when calculated in years of life lost. Nearly half the passive-smoking deaths occurred in women. the study concluded. passive smoking accounted for 1 per cent of worldwide mortality in 2004.

earlier research has shown. exposure to second-hand smoke in high- risk settings. . and even in these jurisdictions compliance is spotty. Passing and enforcing smoke-free laws for public spaces could significantly reduce passive smoking mortality and health care costs.4 per cent of the world population lives in areas with serious smoke-free laws. only 7.AFP . said lead researcher Annette Pruss-Ustun.But they are also. 50 per cent more likely to be exposed to harmful smoke. Where laws are enforced. is cut by 90 per cent. such as bars and restaurants. Currently. in the developing world.