Client acquitted of two counts of obstructions of peace officer (providing false name and resisting arrest by fighting). Court agreed arrest for public intoxication unlawful as no reasonable grounds for oficer to believe accused intoxicated as law required drunkeness rising to “stupefication” or incapacity. Accordingly accused acquitted of obstruction by fighting as officer not in lawful course of duty. Providing name of “Bob” does not establish beyond a reasonable doubt an intent to mislead the officer even when real name different as accused not purporting to provide a complete name and may, for example, use “Bob” as a nickname.
July 2, 2010