59.—(1) A person who is found in a public place in such a condition, because he is under the influence of intoxicating liquor or a drug, as to be a source of danger to traffic or himself shall be guilty of an offence.

(2) A person charged with an offence under this section shall not, in respect of the facts alleged to constitute such offence, be charged under section 12 of the Licensing Act, 1836, section 12 of the Licensing Act, 1872, section 25 of the Licensing (Ireland) Act, 1874, or section 9 of the Summary Jurisdiction Act, 1908.

(3) Where a member of the Garda Síochána is of opinion that a person is committing an offence under this section he may arrest the person without warrant.