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Is Blacksburg, Virginia over enforcing "drunk in public?"

In the last couple of weeks I've had several people tell me they had been arrested for drunk in public in Blacksburg, Virginia. All of them were walking home late at night, alone, seemingly being responsible by not drinking and driving. A police officer driving by stopped and inquired if the person had been drinking and then arrested them for drunk in public. 

This piqued my interest as to why would someone walking home minding their own business get arrested for drunk in public. All said they were not stumbling in the street or misbehaving. Then I ran across this article from the Collegiate Times in 2004. It seems the Town of Blacksburg can collect the money from the fine for drunk in public. I guess the local police are instructed to collect some taxes for the good of the town when they are having a slow night.

I understand that people who are obnoxiously drunk in public or a danger to themselves or others should be arrested. The problem with the charge is that it's almost indefensible. The officer says you appeared drunk and then you are convicted. You can't demand a blood test and if you do it's the officers word against yours. Police officers can lie to citizens under certain circumstances. It appears from the news that some officers have expanded that to lying about their actions when they mess up and accidentally kill someone. 

One would thing that police in general would be trying to be more sensitive and work their way back to "Serve and Protect." This is just another reason to get nervous even if you are doing the right thing when Johnny Law shows up. 

The downside is that folks might decide to drive home instead of walk since that would reduce their exposure to the zealous tax collectors. The unintended consequences of that could be very grave!

Has this happened to someone you know?

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