Jendall Kenner came into our office today to ask for representation on a recent public intoxication charge. Jendall says that last month, a friend called him sometime in the afternoon and invited him to a party that night at 128 Oakland Street. He knows now that he mistakenly wrote the address as 182 Oakland Street. He admits that he was already drinking before he caught a city bus to the party.

When he arrived at 182 Oakland Street around 6:00 p.m., he was not surprised that the party had not yet begun. It was still early. He did not see anyone at the house, and the door was unlocked, so he went inside to wait for other people to show up. While he waited, he helped himself to a few more beers from the refrigerator, and he turned on the stereo to help "get the party started." He suspects he then must have passed out, because he woke up on the kitchen floor with a police officer standing over him with a gun pointed at him.

The arrest report says that the police arrived at 8:43 p.m. after the homeowners arrived home and called to report an intruder. It also states that the officer based the arrest on his observation that "Kenner had glassy, bloodshot eyes and the strong smell of alcohol." Jendall has only been charged under the public intoxication statute located at Code of Virginia 18.2-388.

Jendall explains that he feels really bad about the whole incident, but he is not a criminal. It was all just a big mistake that he does not want to ruin his life. He has asked that we represent him to try to get the public intoxication charge dropped.

Instructions:

Draft a legal memorandum to your supervising attorney (the course instructor) regarding this client's matter:

• Accurately identify the elements of public intoxication contained in the statute.
• Research the public intoxication statute indicated above and any case law related to this issue that you find helpful. Be sure to research in the correct jurisdiction and cite your sources.
• Compare the facts above with the elements of public intoxication to see if the client has been charged correctly.
• Make a recommendation as to whether the law firm should accept this client's case and what result we should expect if we take this case to trial.