Can You Be Cited for Public Intoxication by Mail

[plantaseed]

My question involves criminal law for the state of: Pennsylvania

Hi i was pulled over by a Pennsylvania state park officer for having studded snow tires. During his stop he noted he smelled alcohol, i was drinking alcohol earlier in the day, and i had a six pack with me in the car, 1 missing but no open containers. I admitted to having 5 beers earlier in the day and I passed the field sobriety test, and also the breathalyzer. Before he let me go, he had me call a cousin to come move my car off the road and drive me home. He also told me he would be sending me a public drunkenness citation in the mail. What should i do? Can he even send me a citation without me signing anything? If i wasn't drunk by means of breathalyzer and field sobriety test .... how is a citation for drunkenness valid?

What can I do to get out of this? I have a clean record and would like to keep it that way.

[cbg]

A good way to keep a clean record would be to refrain from drinking and then driving.

Oh, you mean now?

[jk]

d I passed the field sobriety test, and also the breathalyzer.

what is passing on the breathalyzer?


is it possible he simply wanted to cut you a break and cite you with public drunk instead of DUI?

[plantaseed]

[QUOTE=jk;806979]what is passing on the breathalyzer?


he told me i was under the legal limit

[cdwjava]

One note: There is NO "legal limit." What there is is a per se limit. One can be too impaired to safely operate a motor vehicle even under 0.08.

If you get a citation or summons, you can challenge it in court. Though keep in mind that if the officer let you go but had you call someone for a lift and to get your car he cut you a huge break. It's your call whether you want to fight it or not. A lot will depend on what specific offense you are charged with. Since you do not yet know, we can't say what it is or how valid it might be.

[jk]

[QUOTE=plantaseed;806985]

what is passing on the breathalyzer?


he told me i was under the legal limit

which legal limit but regardless, if that is all you have, then you really don't know if you were or not.


and to passing FST's; everybody thinks they pass the FST's. The problem; they don't even know the true intent of any given test but on top of that, when a person is buzzed or drunk, they generally just don't realize how badly they performed on the tests.

[plantaseed]

I have the citation in front of me now:

Nature of offense: "Def. did appear in a public place under the influence of alcohol, molson canadian beer. p.b.t. showed positive for public drunkenness."

Other notes: "Def. was warned for studded tires, open container of alcohol and drinking/poss of alcohol on park property"

I don't understand the last part, because i did not have any open containers in the car.

One note: There is NO "legal limit." What there is is a per se limit. One can be too impaired to safely operate a motor vehicle even under 0.08.

If you get a citation or summons, you can challenge it in court. Though keep in mind that if the officer let you go but had you call someone for a lift and to get your car he cut you a huge break. It's your call whether you want to fight it or not. A lot will depend on what specific offense you are charged with. Since you do not yet know, we can't say what it is or how valid it might be.

[cdwjava]

Not sure why there is no code section (statute) referenced on the citation, but, you will still have to defend yourself in court.

In the future, remember that drinking and driving is never a good choice.

[jk]

no statute/code section listed?

§ 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 .

sure seems ambiguous to me. I love the part about "or annoy persons in his vicinity". No specific BAC required so no, you did not pass the breathalyzer test since any positive is a fail if the rest of the section is present.


so, if the cop says you were a danger to yourself or others (since there were no others around to annoy), it would appear you are guilty. It sounds like one of those catch all BS statutes where anybody is guilty if you had anything to drink as long as the cop states they believe you were a danger to anything.