Michael A Haber PA Criminal DUI Defense Litigation Miami Blog

On the plus side of NOT having decent public transportation in Miami.....

Check out this guy:

He was photographed on a Thursday evening at about 8:30 pm on a NY subway train where he reportedly rode, sipping a bottle of Jack Daniels, seemingly oblivious to both the facts that a) he was butt naked (save for his shoes and socks) on a subway train and b) there were other folks on the train with him, including Peter Davis, an Editor at the "Daily Front Row" fashion magazine, who snapped the pic above.

Florida Statute 800.03 carries a potential 364 day jail sentence and reads as follows:

Exposure of sexual organs

800.03 Exposure of sexual organs.— It is unlawful to expose or exhibit one’s sexual organs in public or on the private premises of another, or so near thereto as to be seen from such private premises, in a vulgar or indecent manner, or to be naked in public except in any place provided or set apart for that purpose. Violation of this section is a misdemeanor of the first degree, punishable as provided in s. 775.082 or s. 775.083. A mother’s breastfeeding of her baby does not under any circumstance violate this section. History.—s. 1, ch. 7360, 1917; RGS 5445; CGL 7588; s. 1, ch. 61-51; s. 779, ch. 71-136; s. 3, ch. 93-4.

Florida Statute 856.011 carries a potential 60 day jail sentence and reads as follows:

Disorderly intoxication

856.011 Disorderly intoxication.— (1) No person in the state shall be intoxicated and endanger the safety of another person or property, and no person in the state shall be intoxicated or drink any alcoholic beverage in a public place or in or upon any public conveyance and cause a public disturbance. (2) Any person violating the provisions of this section shall be guilty of a misdemeanor of the second degree, punishable as provided in s. 775.082 or s. 775.083. (3) Any person who shall have been convicted or have forfeited collateral under the provisions of subsection (1) three times in the preceding 12 months shall be deemed a habitual offender and may be committed by the court to an appropriate treatment resource for a period of not more than 60 days. Any peace officer, in lieu of incarcerating an intoxicated person for violation of subsection (1), may take or send the intoxicated person to her or his home or to a public or private health facility, and the law enforcement officer may take reasonable measures to ascertain the commercial transportation used for such purposes is paid for by such person in advance. Any law enforcement officers so acting shall be considered as carrying out their official duty. History.—s. 16A, ch. 71-132; s. 1383, ch. 97-102.

I don't know how he got on or off the train, or what happened to him before or after he got on the train, but I do know that I prefer him in the 212 as opposed to the 305.

Memo to the drunk, naked, man who was riding the BMT:  Props for not driving, but still...