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  1. #1
    Join Date
    Aug 2008
    Posts
    1

    Default Arkansas Drinking in Public

    My question involves criminal law for the state of: Arkansas

    On this last July 4th weekend I was a passenger with two friends when we went through a sobriety checkpoint. The officer said that he smelled alcohol and new somebody had been drinking. ( I had spilled beer on myself earlier and not changed so possibly that threw his sniffer off or it was just a generic question given the circumstances). I admitted that I had drank several beers earlier at our residence before we left which was true at which point he walked around the vehicle looking for liquor containers and whatever else I presume.

    I had a pint sized liquor bottle with screw top in my pocket which he promptly recognized sticking out of my pocket and pulled me out and breathalyzed me in which case I blew a .02 and wrote me up for drinking in public even though nobody in the car was drinking as we were in route to a friends house. Nobody else was checked and there was no other liquor in the vehicle yet the officer said that the bottle constituted an open container since the plastic seal was broken. Anybody know if this is the case as I've yet to find anything online that says this and I have no officer friends or family to ask. The site below has some information that I found useful but I'm hesitant to take internet information as fact. Based on it it says that my fine should be no more than $100 but I've called and they say it's $200.

    http://uapd.uark.edu/alcohol.html

    I'm tempted to fight it since I dont feel like I did anything wrong as no drinking was going on in the vehicle and I dont think I constituted a danger to others however I'm fairly clueless in these things.I've never had to appear in court and no idea how these things work.Would can happen if I plea non guilty and lose? No witnesses allowed or so I hear or my two friends would gladly help me out. The relevant information from the link I post below:

    Public Intoxication and Drinking in Public

    5-71-212(a) A person commits the offense of public intoxication if he appears in a public place manifestly under the influence of alcohol or a controlled substance to the degree and under circumstances such that he is likely to endanger himself or other persons or property, or that he unreasonably annoys persons in his vicinity. (c) A person commits the offense of drinking in public if that person consumes any alcoholic beverages in any public place, on any highway or street, or upon any passenger coach…or in or upon any vehicle commonly used for the transportation of passengers, or…other public place other than a place of business licensed to sell alcoholic beverages for consumption on the premises.

    Penalties

    1st offense: Class C Misdemeanor: Jail Time - No more than 30 days; Fine - No more than $100
    2nd or subsequent offense: Same as 1st offense


    Sorry for such a lengthy post regarding an obviously not too serious infracture I just wanted some recommendations from people smarter in these things than I. Any advice welcome!!! Thanky

  2. #2
    Join Date
    Jun 2006
    Location
    Arkansas
    Posts
    643

    Default Re: Arkansas Drinking in Public

    A lot of it depends on where you are going to court. Even though there is one statute you refer to it actually has 2 seperate parts: (1) consuming alcoholic beverages in a public place (which includes consuming alcohol in a private vehicle in a public place such as a roadway) or (2) being in a public place manifestly under the influence. Open containers and such in an auto constitute circumstantial evidence of drinking so the judge may find you guilty.

    If you try it and lose jail time is doubtful--only thing you may risk is keeping it off your record if that is important to you--sometimes you are "penalized" for exercising your right to a trial. Typically, if you are found guilty, you'd receive fines and costs anywhere from $100-$200 for this relatively minor offense.

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