Public drunkenness offenses are common not only in college towns, but anywhere that there are restaurants, bars and nightlife that puts people in public after drinking alcohol. While is it not limited to being manifestly under the influence of alcohol, it is most common to see this charged in this situation. West Chester, Pennsylvania, is an example of an area with high foot traffic, a large police presence and drinking establishments that create a higher likelihood that one will come into contact with
In these prosecutions, there are at times defenses and ways to attack the sufficiency of the evidence. In other cases, there may be the possibility a different disposition in which the Court imposes conditions and the charge is withdrawn or dismissed upon successful completion. Making it important to have an attorney who is able to explore all options before suggesting a strategy to follow.
If you have been charged with a public drunkenness crime – contact West Chester criminal lawyer Michael DiCindio today to discuss your case.
18 Pa.C.S. § 5505. Public drunkenness and similar misconduct.
A person is guilty of a summary offense if he appears in any public place manifestly under the influence of alcohol or a controlled substance, as defined in the act of April 14, 1972 (P.L.233, No.64), known as The Controlled Substance, Drug, Device and Cosmetic Act, except those taken pursuant to the lawful order of a practitioner, as defined in The Controlled Substance, Drug, Device and Cosmetic Act, to the degree that he may endanger himself or other persons or property, or annoy persons in his vicinity. A person convicted of violating this section may be sentenced to pay a fine of not more than $500 for the first violation and not more than $1,000 for the second and each subsequent violation.
The above listed information does not include the entire crimes code, annotations, amendments or any recent changes that may be relevant. The information provided is for informational purposes only and may not reflect the most current legal developments. These materials are not intended, and should not be taken, as legal advice on any particular set of facts or circumstances. Please contact DiCindio Law for a consultation and to discuss what law is relevant to your case.
Mike DiCindio is a West Chester criminal attorney who represents individuals accused of crimes throughout all of Chester County, including West Chester, Phoenixville, Malvern, Coatesville, Paoli, Downingtown, Tredyffrin, West Goshen, Honey Brook, Oxford, Devon, Pottstown, Chesterbrook, Parkesburg, Kennett Square, and Avondale as well as in Montgomery County, Lancaster County, Delaware County, Philadelphia County, Bucks County and Berks County.