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Possession of an Open Container of Alcohol (POCA), First Offense

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  • 05-12-2011, 12:42 PM
    Itsmeandnikki
    Possession of an Open Container of Alcohol (POCA), First Offense
    My question involves criminal law for the state of: Washington, D.C. What can one expect to happen to a 1st time offender being charged with POCA in D.C.?
  • 05-16-2011, 08:53 AM
    Mr. Knowitall
    Re: Possession of an Open Container of Alcohol (POCA), First Offense
    Are we talking about this ordinance:
    Quote:

    Quoting D.C. ST § 25-1001. Drinking of alcoholic beverage in public place prohibited; intoxication prohibited.
    (a) Except as provided in subsections (b) and (c) of this section, no person in the District shall drink an alcoholic beverage or possess in an open container an alcoholic beverage in or upon any of the following places:
    (1) A street, alley, park, sidewalk, or parking area;

    (2) A vehicle in or upon any street, alley, park, or parking area;

    (3) A premises not licensed under this title where food or nonalcoholic beverages are sold or entertainment is provided for compensation;

    (4) Any place to which the public is invited and for which a license to sell alcoholic beverages has not been issued under this title;

    (5) Any place to which the public is invited for which a license to sell alcoholic beverages has been issued under this title at a time when the sale of alcoholic beverages on the premises is prohibited by this title or by the regulations promulgated under this title; o

    (6) Any place licensed under a club license at a time when the consumption of the alcoholic beverages on the premises is prohibited by this title or by regulations promulgated under this title.
    (b) Subsection (a)(1) of this section shall not apply if drinking or possession of an alcoholic beverage occurs:
    (1) In or on a structure which projects upon the parking, and which is an integral, structural part, of a private residence, such as a front porch, terrace, bay window, or vault; and

    (2) By, or with the permission of, the owner or resident.
    (c) No person, whether in or on public or private property, shall be intoxicated and endanger the safety of himself, herself, or any other person or property.

    (d) Any person violating the provisions of subsection (a) or (c) of this section shall be guilty of a misdemeanor and, upon conviction, shall be punished by a fine of not more than $500, or imprisoned for not more than 90 days, or both.

    (e) Any person in the District who is intoxicated in public and who is not conducting himself or herself in such manner as to endanger the safety of himself, herself, or of any other person or of property shall be treated in accordance with Chapter 6 of Title 24.

  • 06-01-2011, 10:22 AM
    Itsmeandnikki
    Re: Possession of an Open Container of Alcohol (POCA), First Offense
    Yes this is the one. What are the chances of any jail time for this, being that the individual has a clean record with no prior misdemeanors or fellony charges. Does it help at all that the individual was not issued a breath-o-lizer test?
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