Public Intoxication

[chibies]

What is the name of your state? sc
i was arressted on public intoxication. What is the definition of public intoxication in south carolina. I feel that i should have not been arrested. I was sleeping in my truck with the radio on and had a half of beer in the holder. I was not on intending to drive because i was tired and i had to work first thing in the morning. I was arrested and taken to jail and i had my bond court the next evening. I was let out on surety bond of 1087.50 i feel that i should have been charged with just an open container. Can i fight this in court. I was not given a sobrity test. so please define public intoxication and can i plead not guilty in court.

[FlyingRon]

SECTION 16-17-530. Public disorderly conduct.

Any person who shall (a) be found on any highway or at any public place or public gathering in a grossly intoxicated condition or otherwise conducting himself in a disorderly or boisterous manner, (b) use obscene or profane language on any highway or at any public place or gathering or in hearing distance of any schoolhouse or church or (c) while under the influence or feigning to be under the influence of intoxicating liquor, without just cause or excuse, discharge any gun, pistol or other firearm while upon or within fifty yards of any public road or highway, except upon his own premises, shall be deemed guilty of a misdemeanor and upon conviction shall be fined not more than one hundred dollars or be imprisoned for not more than thirty days.

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Unless you were sleeping it off in your garage, you're probably in violation of that statute.

[Luckiecatt]

Originally Posted by chibies

What is the name of your state? sc
i was arressted on public intoxication. What is the definition of public intoxication in south carolina. I feel that i should have not been arrested. I was sleeping in my truck with the radio on and had a half of beer in the holder. I was not on intending to drive because i was tired and i had to work first thing in the morning. I was arrested and taken to jail and i had my bond court the next evening. I was let out on surety bond of 1087.50 i feel that i should have been charged with just an open container. Can i fight this in court. I was not given a sobrity test. so please define public intoxication and can i plead not guilty in court.

This isnt about the public intozication, but where were the car keys? If your radio was on then I gather they were in the ignition which is all that might be needed to show proof of driving. Some states, not sure of SC specifically, have it worded that you can be standing NEXT to your vehicle and they can say you have intent to drive... While still others (such as wisconsin) require that the motor be running to show intent. ( [url]http://www.wisbar.org/res/capp/2002/02-0487.htm[/url] )