Foreigner Charged with Public Drinking and Jaywalking

My question involves criminal law for the state of: South Carolina

Hi there!

I am an English student studying in Columbia, South Carolina. I am 20. I was out in the downtown area when I left a bar still carrying a beer. Carrying alcohol in public is legal in England, thus I didn't realise my mistake. I also crossed a street along with about 20 other pedestrians while the light was red. I was stopped by an officer, who immediately began to write me up for possessing alcohol in public (violation 14-99) and illegally crossing a road (violation 56-5-3160)

I am underage but I had an English fake ID card on me. The police officer did not realise it was fake and thus did not charge me with underage drinking. My date of birth is not specified anywhere on the ticket either. I have several questions that I would really appreciate help with answering.

1) Does the fact I'm foreign and didn't know I was breaking the law have any bearing on my trial? Will I risk deportation?
2) I understand the fact I am underage will be made apparent in court when I have to hand in my real identification card, but will I be charged for underage drinking now or is there any way I can avoid that?
3) How much does all this cost? I am independent and I have no family to provide for me and I am a student, thus earning minimal income. If I can't pay, do I go to jail?

Thank you so much!

1. You assertion that you didn't know you were breaking the law (foreign or not) means nothing. The state court isn't going to do anything about your immigration status. Your conviction however may come to light and cause immigration problems for you.
2. It's possible that you could also be charged for either the fake ID or underage possession. However, it's probably not likely.
3. The fine for the drinking offense are in the $200 range, $100 for the jaywalking.

Quote:

---

Quoting flyingron

---

1. You assertion that you didn't know you were breaking the law (foreign or not) means nothing. The state court isn't going to do anything about your immigration status. Your conviction however may come to light and cause immigration problems for you.
2. It's possible that you could also be charged for either the fake ID or underage possession. However, it's probably not likely.
3. The fine for the drinking offense are in the $200 range, $100 for the jaywalking.

---

Great, thank you. Yeah, I understand not knowing the law won't get me off but I didn't know if the judge might be more lenient. And I'm glad to hear it's unlikely - this is the only thing I'm very stressed about. As for my immigration status, will I be able to pay to get it expunged from my record do you think?

Lenient for not knowing you weren't supposed to be carrying a drink in public that you knew you weren't old enough to consume *ANYWHERE* that you purchase with a criminally illegal ID that you used to get into a bar that would NEVER have admitted you if you hadn't show such to them?

Dream on.

Quote:

---

Quoting flyingron

---

Lenient for not knowing you weren't supposed to be carrying a drink in public that you knew you weren't old enough to consume *ANYWHERE* that you purchase with a criminally illegal ID that you used to get into a bar that would NEVER have admitted you if you hadn't show such to them?

Dream on.

---

I'm not attempting to fight my charges or claim that the officer was in any way wrong to ticket me for them. I appreciated your previous advice, but I didn't ask for your scathing judgement on my behaviour. And, ironically, the bouncers in both bars I went to that night know I am underage. I didn't use my identification card once that night.

Your lucky,these two citations sounds like they weren't criminal ones,even getting an underage drinking charge is a low level misdemeanor but getting caught with a fake id can be a more serious charge.

The public consumption charge is a criminal misdemeanor. I don't see the penalty provision for the jaywalking charge.

Quote:

---

Quoting Columbia Municipal Code, Sec. 14-99.Possession or consumption of alcoholic beverages on public property.

---

(a) Prohibited. Except as expressly provided in this section, it shall be unlawful for any person to consume, or to possess in an open container, any alcoholic beverage in or on any public street, road, alley, sidewalk, tree zone, parking garage or park within the city.

(b) Exceptions. This section shall not apply to the following areas unless possession or consumption of any of the defined alcoholic beverages on public property is prohibited by state law or regulation:

(1) Any portion of a public sidewalk covered by an encroachment ordinance permitting use of the sidewalk by a restaurant or other public accommodation licensed to sell beer, wine or other alcoholic beverages for on-premises consumption being used by patrons of the restaurant or other public accommodation in the manner authorized by the encroachment ordinance; and

(2) Any public park, street, sidewalk or tree zone, or any portion thereof, designated in a resolution of the city council as the site of a public festival or other special event at which alcoholic beverages may be consumed; and

(3) Any public street, sidewalk or tree zone, or any portion thereof, situated behind barricades which have been placed for a neighborhood block event, if the neighborhood block event has been approved by the issuance of a special permit by the Columbia Police Department.

(c) Definitions. As used in this section, the following terms shall have the meanings specified in this subsection:

(1) Alcoholic beverage means any beverage which contains alcohol, regardless of the percentage of alcohol contained therein, including, but not limited to beer, ale, porter and other similar malt or fermented beverages, wine, alcoholic liquors or other liquors or a compound or mixture of them by whatever name called or known.

(2) Open container means a cup, glass, mug or other similar container, and also any bottle, can, flask or other similar container to which a top or cork is not securely affixed.

(3) Parking garage means any parking garage owned and operated by the city.

(4) Street and road mean only the paved portions of a public right-of-way that are suitable for vehicular traffic or parking.

(5) Tree zone means a strip of land between a public street or road and an adjacent sidewalk parallel thereto.

(d) Penalty. A person convicted of violating this section shall be fined not more than $500.00 and/or imprisoned for not more 30 days.

(e) Effective date. This section shall become effective when adopted by the city council, but no person shall be charged with a violation of this section prior to May 1, 2011.

---

Quote:

---

Quoting South Carolina Code, Sec. 56-5-3160 - Pedestrians on highways

---

(a) Where a sidewalk is provided and its use is practicable, it shall be unlawful for any pedestrian to walk along and upon an adjacent roadway.

(b) Where a sidewalk is not available any pedestrian walking along and upon a highway shall walk only on a shoulder as far as practicable from the edge of the roadway.

(c) Where neither a sidewalk nor a shoulder is available, any pedestrian walking along and upon a highway shall walk as near as practicable to an outside edge of the roadway and, if on a two-way roadway, shall walk only on the left side of the roadway.

(d) Except as otherwise provided in this chapter, any pedestrian upon a roadway shall yield the right-of-way to all vehicles upon the roadway.

---

If anyone is interested, I resolved the matter with the authorities. Luckily I was able to cancel my court date and pay the fines at the court house, which amounted to the total of $398. As I am not an American citizen, the only information they have on me is my full name (mispelt) and an address for the student accommodation I live in. I do not think I will even have a record. My DOB also never came up.

Thank you all so much for your help in this matter!

Happy to hear it!