The state of reference for this question is Pennsylvania, Lancaster county PA to be exact.
After a night of drinking with some friends I noticed I was becoming intoxicated, so I left the bar well before last call. Getting into my truck (which was parked legally along a street adjacent to the bar), I realized that I was in no condition to drive. I decided that rather than attempt to drive under the influence, I would merely sleep for a few hours in my vehicle and get home when I was not intoxicated. I knew enough to keep my keys out of the ignition and stowed them away. I took off my glasses (which I am legally blind without) and reclined my seat to rest. Approximately 2 hours later, I was awakened by officers knocking on my window, the officer asked me where I lived and too see my ID which I produced. After that they asked me to exit the vehicle where they observed that I was intoxicated (According to the citation it was an "on view" arrest, where I displayed a danger to myself and others in public, (PA code 5505)). They then handcuffed me and took me to the precinct, still without my glasses and asked me to sign a statement which I refused due to the fact that I couldn't read it, and then they threw me in the drunk tank overnight. This is my first "offense". My question is, what determines "public" intoxication as I was in my own vehicle asleep, with the doors locked. Secondly, what classifies an "on view" arrest, on the citation, they make no mention that I was asleep in my vehicle when I was found, only that they observed glassy eyes, slurred speech, and that I was a danger to myself or others, or may annoy persons in my vicinity. Personally, I believe I made a relatively sane call seeing as how I did not drive, and I didn't attempt to walk home which would have made me "drunk in public"
I understand that ignorance of the law is no excuse, but I genuinely had no idea I couldnt sleep in my truck. Anyone out there have any idea or suggestions on how I can beat this charge, I know it isnt even a major offense but I feel as though I obeyed the spirit of the law if not the letter.
thanks in advance,
-nate
After a night of drinking with some friends I noticed I was becoming intoxicated, so I left the bar well before last call. Getting into my truck (which was parked legally along a street adjacent to the bar), I realized that I was in no condition to drive. I decided that rather than attempt to drive under the influence, I would merely sleep for a few hours in my vehicle and get home when I was not intoxicated. I knew enough to keep my keys out of the ignition and stowed them away. I took off my glasses (which I am legally blind without) and reclined my seat to rest. Approximately 2 hours later, I was awakened by officers knocking on my window, the officer asked me where I lived and too see my ID which I produced. After that they asked me to exit the vehicle where they observed that I was intoxicated (According to the citation it was an "on view" arrest, where I displayed a danger to myself and others in public, (PA code 5505)). They then handcuffed me and took me to the precinct, still without my glasses and asked me to sign a statement which I refused due to the fact that I couldn't read it, and then they threw me in the drunk tank overnight. This is my first "offense". My question is, what determines "public" intoxication as I was in my own vehicle asleep, with the doors locked. Secondly, what classifies an "on view" arrest, on the citation, they make no mention that I was asleep in my vehicle when I was found, only that they observed glassy eyes, slurred speech, and that I was a danger to myself or others, or may annoy persons in my vicinity. Personally, I believe I made a relatively sane call seeing as how I did not drive, and I didn't attempt to walk home which would have made me "drunk in public"
I understand that ignorance of the law is no excuse, but I genuinely had no idea I couldnt sleep in my truck. Anyone out there have any idea or suggestions on how I can beat this charge, I know it isnt even a major offense but I feel as though I obeyed the spirit of the law if not the letter.thanks in advance,
-nate
