Legal Question in Criminal Law in Pennsylvania

Public Intoxication

I was wondering what I should do regarding my case. I was placed under arrest for public intoxication after leaving a bar with a couple friends. I was in the parking lot calling for a ride, when apparently one of the people I was with got in an altercation with a bouncer. Police were called, unbeknown est to me, since I wasn't involved. Officer pulled up to me and asked if I was at the bar, I confirmed. Immediately placed me under arrest, never read me rights or explained the situation. I was confused but i figured I would be released. I wasn't given a sobriety test of any kind. My citation says 'defendant appeared in a public place under the influence'. I was placed in jail overnight. I was not nearly drunk enough to cause harm to anyone, charge seems rather vague. should i get an attorney? I've already pleaded not guilty, and I want the charges completely dropped. I feel like I was unfairly treated. I'm sure you hear cases like this all the time, but any bit of advice would be very much appreciated.


Asked on 3/22/07, 6:49 pm

2 Answers from Attorneys
Brian Zeiger Levin & Zeiger LLP

Re: Public Intoxication

In order to answer your question, it would be helpful to know the grade of your charge. Is it a felony, misdemeanor, or summary offense. Sounds like a summary offense to me, which is analogous to a ticket.

The question becomes what will a summary conviction do to you in terms of having a 'record?' I think if you are planning or becoming a cop, doctor, lawyer, or accountant, I might be a bit concerned, but otherwise it probably isn't such a big deal.

On the other hand, if you are a person of principle and just insist that you were done wrong, you should fight to the bitter end!

As far as hiring a lawyer goes, I obviously think people should always take a lawyer with them to criminal court. Good Luck and feel free to email or call. Brian.

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Answered on 3/22/07, 7:40 pm
John Gibson John W. Gibson, Esquire

Re: Public Intoxication

Public Intoxication is a summary offense. You have to be intoxicated "to the degree that he may endanger himself or other persons or property, or annoy persons in his vicinity."

It is a very broad charge as you can see because there are stone cold sober people who may annoy persons in their vicinity. Summary charges like that all depend on the particular Magisterial District Judge who hears the case. In the last case I had with that charge it was a $75.00 fine but that was a couple of years ago.

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Answered on 3/23/07, 9:37 am


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