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Public Intoxication Citation, 6-107, in Kennesaw, Georgia

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  • 08-29-2011, 06:16 AM
    rcall
    Public Intoxication Citation, 6-107, in Kennesaw, Georgia
    My question involves criminal law for the state of: Georgia

    I was arrested for public intoxication last week. I'm worried sick about what is going to happen when I go to court on this. I've been in jail once (stayed overnight) on a DUI in 1997. Swore I would never let that happen again. I was working that night late and stopped at a bar to get some food and had too much to drink. I was driving my motorcycle that night. So I decided to walk home about 2 miles. I'm a diabetic and I was very tired from work. The combination of the food/alchohol got to me and I sat down to rest. I fell asleep and apparently had rolled into the street. It was 3am and I was in a very quiet upscale neighborhood with no traffic. I am thanking the Lord for keeping me safe! I was awakened by the Kennesaw police and was told that someone had seen me. I was told that I was being arrested for public drunkedness and handcuffed. I complied with everything they wanted me to do. I told them that I had 13 year old (she'll be 14 in 2 weeks) at home babysitting my other 2 girls (10yrs old). I also had an friend from church renting our downstair mother in law suite and he would be home soom from working his 3rd shift. While I was getting booked into holding they went to my house and verified that my girls were fine and told my 13 year old that I would be home soon and just had to finish up some paperwork...I had a friend come after the 5 hours they told me I had to wait bond me out. It was $206. Here are my questions:

    1. What are the possible further fines/penalties?
    2. Will any of the circumstances like being in the street or having my kids at home with no parent play into my punishment?
    3. Can I get a copy of the arresting police officers report?
    4. I cannot afford a laywer. Do I qualify for a public defender?
    5. What should I plea?

    I really do not want to "fight" this. I understand the severity of all of this. I just want to know the best way to handle this so that I can move on. I've since not drank anymore (it'll really help with the diabetes/tryglecerides).

    Thank you
  • 08-29-2011, 06:49 AM
    Mr. Knowitall
    Re: Public Intoxication Citation, 6-107, in Kennesaw, Georgia
    Quote:

    Quoting Kennesaw Municipal Code, Sec. 6-107. Public intoxication.
    It shall be unlawful for any person to be on public property within the city limits while intoxicated.

    Quote:

    Quoting Kennesaw Municipal Code, Sec. 1-11. General penalty.
    Whenever in this Code or in any ordinance of the city any act is prohibited or is made or declared to be unlawful or an offense, or whenever in such Code or ordinance the doing of an act is required or the failure to do an act is declared to be unlawful, unless otherwise provided by state law, where no specific penalty is provided therefor, the violation of any such provision of this Code or any ordinance shall be punished by a fine not exceeding $1,000.00, and by imprisonment in the city or county jail not to exceed six months, and to work on the city streets and public works not exceeding 60 days. Any one or more of these punishments may be inflicted, and the fines imposed therefor may be collected by execution. Each day any such violation shall continue shall be a separate offense.

    Based on the penalty and notes, it seems that the offense is a misdemeanor. I cannot promise you that you'll be eligible for court-appointed counsel - it depends upon whether the prosecutor will be seeking jail time. Check with the court and ask for a petition form. You should decide how to plead after talking to your lawyer. You can check with the prosecutor's office or police department about obtaining a copy of the police report.
  • 08-29-2011, 07:09 AM
    rcall
    Re: Public Intoxication Citation, 6-107, in Kennesaw, Georgia
    Thank you for such a quick response! What does a petition form do?
  • 08-29-2011, 07:15 AM
    rcall
    Re: Public Intoxication Citation, 6-107, in Kennesaw, Georgia
    Is the petition form the same as application for counsel? How do I contact the prosecutor to see if he is seeking jail time?
  • 08-29-2011, 12:28 PM
    rcall
    Re: Public Intoxication Citation, 6-107, in Kennesaw, Georgia
    I just got back from seeing the Court Clerk. I had to change my court date due to a work conflict. I asked them if I could go to court any earlier...she was able to change the date to next week. She then asked me if I was going to contest it. I said I would plea nolo. She said that I did not need to go to court and was going to strike me from the court docket and note that my fine has been paid in full and that the case is closed. She again said that I do not have to come to court for anything else and that I was done with this. Is this normal? I'm counting my blessings that this only cost me the $206 and I did not have any more fees/probation or jail time!! Will this show up on a background check?
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