Chesterfield woman arrested for being drunk at home

Chesterfield woman arrested for being drunk at home

CHESTERFIELD, VA (WWBT) - A neighbor calls 12 after being arrested and charged with public intoxication on her own Mill Spring Court property, and this is not the first time.

"I was really frightened and humiliated more than anything I guess," said Margie Clark.

She says sometimes you would think that she's a little bit drunk by the way she walks.

"It's a medical condition that I'm being treated for through my doctor," said Clark. "He said it has something to do with my nervous system."

Clark has been arrested for the same charge three times in the past year.

"It just makes me feel like that I'm not really safe in my own home."

It turns out even if you're behind your chain link fence, you are in public. According to state code, you are in public if you are visible to the community, and at least in some cases "in public" could include private property.

"I think it's silly," said Attorney Joe Morrissey. "And I'm being generous when I say silly. There is another word I want to use."

Police say they got a call for a woman yelling at children during an incident on April 3.

Morrissey: "There was no breath test?"

Clark: "No there was not."

Morrissey: "There was no field sobriety test?"

Clark: "No there was not."

"There's case law that is very clear, if you are in your home - and that includes the doorway - you are not in public," said Morrissey.

Consider yourself warned for this holiday weekend: you don't want to catch a similar case of your own. Clark was found guilty on those other charges.

"I think it is overreaching on the part of big brother government," said Morrissey. "She wasn't in public, and she wasn't intoxicated. Good luck Commonwealth proving that case."

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