>> let's turn to christina aguile. taken in for public intoxication. she was a passenger in a car her boyfriend was driving, now charges with a misdemeanor. is this a standard thing? she's just riding along in the car. >> you know, tom, they pulled him over and they gave him a breathalyzer at .09. .08 is the cutoff so he's barely intoxicated. he's probably going to fight that case. but she's a passenger in the car and she's wrecked. she can't hardly even stand up. she can't talk, she's plastered. so the police under those circumstances just took her in and let her sleep it off. then they let her go in the morning. she was not charged, she's not going to be charged, but obviously she's a very troubled person these days. someone's got to help her. she's screaming for help. >> this is an interesting question here. if you're in a car and you are drunk out of your mind but you are a passenger, aren't you effectively in a private place