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  1. #1
    Join Date
    Apr 2005
    Posts
    1

    Default Disorderly Conduct

    Hi I'm from Ohio and was arrested for Disorderly Conduct. I was arrested because there was altercation that accured at a bar and I was thrown out. As soon as I was thrown out there were police officers there that arrested me for disorderly conduct. On my citation it says for intox as well the police report indicates that I was "too intoxicated" to get home safely. My friends were at the bar too and saw the altercation came out side as soon as possible to see what was going on. I have a prior offense which is called a OMVUAC, which is a 4th degree misdemeanor. What are the chances of the charges being dropped, how would I get the charges dropped, what is likely to happen to me, and is this offense simular to jaywalking (how the officer who drove me to court in the morning describe it)? Thank you.

  2. #2
    Join Date
    Mar 2005
    Location
    Michigan
    Posts
    28,906

    Default Re: Disorderly Conduct

    Ohio's disorderly conduct law provides as follows:
    Quote Quoting Ohio Disorderly Conduct
    ยง 2917.11. Disorderly conduct.

    (A) No person shall recklessly cause inconvenience, annoyance, or alarm to another by doing any of the following:

    (1) Engaging in fighting, in threatening harm to persons or property, or in violent or turbulent behavior;

    (2) Making unreasonable noise or an offensively coarse utterance, gesture, or display or communicating unwarranted and grossly abusive language to any person;

    (3) Insulting, taunting, or challenging another, under circumstances in which that conduct is likely to provoke a violent response;

    (4) Hindering or preventing the movement of persons on a public street, road, highway, or right-of-way, or to, from, within, or upon public or private property, so as to interfere with the rights of others, and by any act that serves no lawful and reasonable purpose of the offender;

    (5) Creating a condition that is physically offensive to persons or that presents a risk of physical harm to persons or property, by any act that serves no lawful and reasonable purpose of the offender.

    (B) No person, while voluntarily intoxicated, shall do either of the following:

    (1) In a public place or in the presence of two or more persons, engage in conduct likely to be offensive or to cause inconvenience, annoyance, or alarm to persons of ordinary sensibilities, which conduct the offender, if the offender were not intoxicated, should know is likely to have that effect on others;

    (2) Engage in conduct or create a condition that presents a risk of physical harm to the offender or another, or to the property of another.

    (C) Violation of any statute or ordinance of which an element is operating a motor vehicle, locomotive, watercraft, aircraft, or other vehicle while under the influence of alcohol or any drug of abuse, is not a violation of division (B) of this section.

    (D) If a person appears to an ordinary observer to be intoxicated, it is probable cause to believe that person is voluntarily intoxicated for purposes of division (B) of this section.

    (E) (1) Whoever violates this section is guilty of disorderly conduct.

    (2) Except as otherwise provided in division (E)(3) of this section, disorderly conduct is a minor misdemeanor.

    (3) Disorderly conduct is a misdemeanor of the fourth degree if any of the following applies:

    (a) The offender persists in disorderly conduct after reasonable warning or request to desist.

    (b) The offense is committed in the vicinity of a school or in a school safety zone.

    (c) The offense is committed in the presence of any law enforcement officer, firefighter, rescuer, medical person, emergency medical services person, or other authorized person who is engaged in the person's duties at the scene of a fire, accident, disaster, riot, or emergency of any kind.

    (d) The offense is committed in the presence of any emergency facility person who is engaged in the person's duties in an emergency facility.

    (F) As used in this section:

    (1) "Emergency medical services person" is the singular of "emergency medical services personnel" as defined in section 2133.21 of the Revised Code.

    (2) "Emergency facility person" is the singular of "emergency facility personnel" as defined in section 2909.04 of the Revised Code.

    (3) "Emergency facility" has the same meaning as in section 2909.04 of the Revised Code.

    (4) "Committed in the vicinity of a school" has the same meaning as in section 2925.01 of the Revised Code.
    It appears that the fine for a minor misdemeanor is an amount of up to $150, presumably with the possibility of an additional assessment of court costs. If you want to know how a local court is likely to respond to the charge, or your odds of getting it dismissed, your best bet is to consult a local criminal defense lawyer.

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