Alcohol & Drugs: MIP, MIC, Intoxication Public Drunkeness & Disorderly Conduct

[Teacherman]

So, I was out with some friends and had myself way too much to drink. After becoming belligerent with some friends, I took it upon myself to walk home. At this point, my facts become hazy, but I was stopped by the police during my walk. I recall arguing with the cops initially, insisting they had no right to stop me. Then I was cuffed, put in the back of the car and taken to the station. I was very apologetic once I realized my argument was shot.

I do recall being issued 2 citations (The Public Drunk and Disorderly) and the officer telling me that if I were to be seen walking the streets again, I would be arrested and locked-up. I agreed, and slept it off til the morning.

I awoke the next morning in an interview room of the police department. I was not in a cell, and I was able to open the door and simply walk away.

I have a previous Public Drunkeness from College (9 years ago), a DUI (4 years ago) and a Disorderly (4 years ago).

Will I face any jail time for my stupidity or simply fines? Should I have a lawyer go to the trial with me to try to talk some of this down?

Sorry for my verbose descriptions, but I did try to give just the facts.

Thanks!

 

[CdwJava]

What state are you in, and what are the statute numbers on the citation?

- Carl

 

[Teacherman]

Sorry, I am in Pennsylvania.
Public Drunkeness is Title 18 Sec 5505
And The Disorderly is Title 18, Sec 5503, SS A 1,2

Thank You, Much.

 

[CdwJava]

Pennsylvania's statutes are very difficult to search ... they are typically the least user friendly codes out there.

I was unable to find those sections - nor a Title 18 - in the state index.

However, doing a Google search found that 5505 appears to be a summary offense:

5505. A person is guilty of a summary offense if he appears in any public place manifestly under the influence of alcohol to the degree that he may endanger himself or other persons or property, or annoy persons in his vicinity.​

The penalty appears to be a fine of up to $300 and/or up to 90 days in jail.

And, disorderly conduct per 5503 appears to be this:

Disorderly Conduct

(a) Offense defined. – A person is guilty of disorderly conduct if, with intent to cause public inconvenience, annoyance or alarm, or recklessly creating a risk thereof, he:

(1) engages in fighting or threatening, or in violent or tumultuous behavior;
(2) makes unreasonable noise;
(3) uses obscene language, or makes an obscene gesture; or
(4) creates a hazardous or physically offensive condition by any act which serves no legitimate purpose of the actor.​

I read on one link that this, too, was a summary offense like the one above, thus it is likely punishable in the same manner.

I WOULD recommend you consult an attorney as there might be hidden side effects to these offenses such as license suspensions or other things. And, of course, the information I located on thew web might be out of date or just plain wrong.

Unfortunately PA makes it's codes hard to find and difficult to search for even when you DO have the codes in front of you.

- Carl

 

[Teacherman]

Thanks for your help. I had already looked-up the statutes. I had one person suggesting I just go and try to work with the officer at the Court, but I don't really want to take the chance of him being in a bad mood. I'll talk to a lawyer.

Thanks, again.