Legal Question in Criminal Law in Virginia

Re: Appear inj public in an intoxicated condition

It is indeed difficult to advise you on the "proper" defense. I would need to sit with you and go through the events step by step. I need to investigate the statements you made to the officer and his responses - there may be something he did incorrectly in the procedure of this case. I suspect you feel the same way. If you wish to speak with me, I may be reached on 703-926-3900 anytime during normal business hours.

Re: Appear inj public in an intoxicated condition

S18.2-388(Profane swearing and intoxication in public) of the Va Criminal Code provides as follows: If any person profanely curses or swears

or is intoxicated in public, whether such intoxication results from alcohol, narcotic drug,

or other intoxicant or drug of whatever nature, he

shall be deemed guilty of a Class 4 misdemeanor(Fine not exceeding $250)

As you can see, one doesn't have to have been drinking alcohol to be charged with this offense.

Given the minimal nature of the possible penalty, your probable best approach here would be to show up at the first court date with all of your documentation and witnesses and ask to speak

with the prosecutor assigned to your case, and

then calmly explain your version of the facts.

If they refuse to dismiss the charge and are determined on a conviction, then, you may wish to consider retaining competent defense counsel to represent you in this matter.(If necessary, you can ask the court that your case be continued to give you time to retain such counsel.)