Which statement is true about the filing of public intoxication offenses in municipal court?

• A. It may be filed by sworn complaint, not by citation.
• B. It may be filed by citation.
• C. It requires a jury trial.
• D. It is never charged in municipal court.

Answer: (A)

The method being tested is how a public intoxication offense gets started in municipal court. It is filed by sworn complaint, a written accusation under oath that sets out the facts and charges the offense, giving the court authority to proceed and to issue process to bring the defendant in. A citation, by contrast, is just a notice to appear and isn’t the charging document used here. In municipal court, this type of case is typically handled without a jury, so requiring a jury trial isn’t correct. And public intoxication can indeed be charged in municipal court, so saying it is never charged there isn’t true.