Public Drunkenness

[jimmynas]

What is the name of your state (only U.S. law)?

Pennsylvania

I was recently cited for public drunkenness. I am 22 years old and was at a bar with some friends. very late in the night I was tired and wanted to go back to my friends apartment. my friends did not want to leave at that point. So I left the bar alone and walked to the apartment. the distance from bar door to apartment door is 500 ft. the path I was walking home is a back alley that has no car traffic at that time of the night. As I was walking home I was texting other friends to make sure someone was at the apartment so I could get in. about hallway (200 ft from bar door), an officer stopped and asked where I was going. I informed the officer I was walking home from the bar. another officer went to the apartment to confirm that people there knew me and I was staying there. I was standing and having conversations with the original officer back at the stop point. then the other officer radioed and said it was OK to come to the house. I walked with the officer unassisted the remaining 300 ft to the house and everyone went their own way. about a week later I received a citation in the mail for public drunkenness and a $250 fine. I pleaded not guilty and I have a court date at the end of the month. My question is that I was by myself, not disrupting the public, not causing property damage, not driving. doing the right thing and walking home which is too close to call a cab. what can I expect at the summary trial. thanks in advance for any advise

 

[Zigner]

...I was by myself, not disrupting the public, not causing property damage, not driving. doing the right thing and walking home which is too close to call a cab.

Since you didn't give us the actual code section you are charged with violating, I'll just have to ask: Are any of these things an element of the offense?

 

[jimmynas]

Since you didn't give us the actual code section you are charged with violating, I'll just have to ask: Are any of these things an element of the offense?

# Charge Grade Description Offense
1 18 § 5505 S Public Drunkenness And Similar Misconduct

 

[Zigner]

# Charge Grade Description Offense
1 18 § 5505 S Public Drunkenness And Similar Misconduct

[SUB]
http://www.legis.state.pa.us/cfdocs/legis/LI/consCheck.cfm?txtType=HTM&ttl=18&div=0&chpt=55&sctn=5&subsctn=0[/SUB]

§ 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.

 

[commentator]

You apparently annoyed the police officer.

 

[jimmynas]

You apparently annoyed the police officer.

I actually shook his hand, cooperated with his questions and we spoke about where i go to school is not far from where he originally lived. I answered him with yes sir and no sir and I thanked him for walking me home and again shook his hand.
not sure what if any is annoying about these actions

 

[FlyingRon]

Summary offense trials are failry informal things held in front of a magistrate. The officer will present his testimony and you can ask him questions (not argue or state your case, that comes later) and then you can make your statement.
The judge can do anything from dismiss the case to finding you guilty and charge you the fine and court costs. You'll have to make the argument that you were not so drunk as you were not endangering yourself or others.

 

[jimmynas]

Summary offense trials are failry informal things held in front of a magistrate. The officer will present his testimony and you can ask him questions (not argue or state your case, that comes later) and then you can make your statement.
The judge can do anything from dismiss the case to finding you guilty and charge you the fine and court costs. You'll have to make the argument that you were not so drunk as you were not endangering yourself or others.

Thank you for the reply.