Charged With Public Disorderly Conduct on Private Property

[rlgraves3]

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

I was recently arrested for Public Disorderly conduct. SC 16-17-530
I want to plead Not Guilty.

My case is as follows:

Upon exiting a bar, a group of friends was gathered around another friends car.
I was with them throughout the night but had decided to find a way home.

While sitting in my car, an officer approached my group of friends directly across the parking lot from my car.
After confronting them about allegedly throwing a beer bottle at him and detaining one friend for further investigation he 'observed' me across the parking lot.

I was in my truck, with it off, windows up, quietly using my phone trying to arrange for someone to pick me and my car up.
He proceeded to interrogate me and upon me slurring my speech asked me to step out of the vehicle.
According to his report I could not stand without the assistance of others.

This occurred in a private parking lot, on private property, and there were no signs posted at the entrance of the property 'informing the public that the area is under jurisdiction of local authorities' in accordance with SC 23-1-15.

I was intoxicated at the time, although grossly is a stretch.

When I go to court I will plead not guilty on the fact that I was not 'grossly' intoxicated, on a public roadway or public place or gathering. Was not using profanity in public etc. and further more was located on private property, in a private property where the property owner has not given the local law enforcement officers authorities to patrol and enforce traffic laws.

Do you think that this is a good idea, as long as I don't sound like an arrogant ass? I was trying to do the right thing and not drive home drunk, as I have done this before and was coerced out of my vehicle and duped into commiting a crime all because he asked me to step out of the car, my private property and onto someone else's private property he had no business being on.

-Mad at the Police State in SC

[PTPD22]

The statute you cite (23-1-15) deals with the issue of police enforcing TRAFFIC laws in private parking areas. The signs need to be posted for TRAFFIC enforcement. However, public disorderly conduct is NOT a traffic enforcement issue. Police have authority to enforce CRIMINAL statutes on publicly accessible private property without need of any signs. I strongly suspect that criminal offenses, even if traffic related, such as DUI and physical control while intoxicated, are perfectly enforceable on publicly accessible private property without need of a sign as well. So, the lack of signage is not going to help your cause any.

From reading the statute, the only defense I can see is whether or not you were “grossly” intoxicated. The officer will say you were, you will claim you were not. I have no idea what state case law has to say about what constitutes being “grossly” intoxicated in public.

[Disagreeable]

I am not going to debate your reaction to the approach of police. I am simply going to link several related cases. The one you will find most relevant is likely State v Perkins.

http://scholar.google.com/scholar?q=...&as_sdt=4%2C41

[rlgraves3]

I see what you are saying, but here is the thing. I was in MY car, I was not outside of the vehicle, therefore would that not make this a traffic stop? Though I was in a parking lot, I was in my private vehicle and he 'asked me to help in the investigation' aka asked me to step out of my vehicle. Though I was not pulled over in a traffic stop I was in a vehicle, does this make sense?

[PTPD22]

Ok, by your logic, if the police had seen you strangling someone inside your vehicle, you should not be charged with assault but rather issued a traffic citation? After all, you were in your vehicle and it was only because the cops reached in and pulled you off your victim that you ever got out!

The issue is not whether or not you were in a vehicle. The issue is the type of offense you are accused of. You can commit a whole variety of offenses other than traffic violations, including drunk & disorderly, while physically located inside a vehicle.

[jk]

I see what you are saying, but here is the thing. I was in MY car, I was not outside of the vehicle, therefore would that not make this a traffic stop? Though I was in a parking lot, I was in my private vehicle and he 'asked me to help in the investigation' aka asked me to step out of my vehicle. Though I was not pulled over in a traffic stop I was in a vehicle, does this make sense?

were you driving? I would hope not since you were admittedly drunk. That would mean you were guilty of DUI.

but no, you being in your car does not make this a traffic offense.

[davidmcbeth3]

OP wants to say he was not using profanity, etc.

what matters is what the cop will say, not you.

if you were on a public road with car keys, this could be enough for dui ... luckily your car was on private property.

if you were drinking and drunk, how much do you think your testimony will matter to a judge or jury? ZERO

if you give any testimony in court you would be goofy.

stop drinking is my advice and get a lawyer who knows how to handle a court case - you have no idea what you are doing ...