Reply to Parents drinking beer while taking kids trick-or-treating?

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[quote=Anonymous][quote=Anonymous]"18.2-388. Profane swearing and intoxication in public; penalty;transportation of public inebriates to detoxification center.
If any person profanely curses or swears or is intoxicated in public, whethersuch intoxication results from alcohol, narcotic drug or other intoxicant ordrug of whatever nature, he shall be deemed guilty of a Class 4 misdemeanor.In any area in which there is located a court-approved detoxification centera law-enforcement officer may authorize the transportation, by police orotherwise, of public inebriates to such detoxification center in lieu ofarrest; however, no person shall be involuntarily detained in such center."

I can't imagine how humiliating it would be to be... can you imagine being jailed during ToTing with your kids and all other parents around? U-GLY![/quote]

First, the law is against being intoxicated in public, not consuming in public.  Drinking 1-2 beers, 1-2 glasses of wine, a "shot" of a margarita does not make most adults "intoxicated", so there would be no arrest or ticket for misdemeanor and trip to detox center for most while ToTing.

Anyway, Va does not actually enforce this law, unless the person is unruly.  Think how many people would be arrested on Friday and Saturday night in any bar district, or attending a sporting event?

I saw many people consuming beverages (wine? beer? water? hot cocoa? I don't know) while taking their children ToTing. They were not guzzling the drinks. I did not see anyone drunk. I did see unruly teenager though. Maybe they needed to be arrested.

Anyway, search the Virginia code for alcohol, and you will find no law against drinking in public.

http://leg1.state.va.us/000/src.htm
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