Drunk In Public Charge, please help.

[beth77]

What is the name of your state (only U.S. law)? VA
I was taken into custody and released on a summons for drunk in public. I was found guilty and appealed the situation.
I was found unconscious outside of a vehicle because I was being attacked inside the vehicle and jumped out of the moving car. *The reason i was passed out was because of the head injury's not alcohol*
I was given a field breathlyzer and field soberity test and taken into custody, then to the police department and left there to the hospital by ambulance because of my injurys.
I'm on probation and drinking is something listed that I should not do.
Can this DIP charge be held as a violation of probation? Also, What are some tips I can use to help beat this charge, I have retained an attorney, but just curious as to what my chances of getting out of this are.
Thanks!What is the name of your state (only U.S. law)?

 

[HighwayMan]

Just drinking is a violation of your probation. Doesn't matter why you were passed out. You make it sound like you were drinking but not enough to pass out. That's not too convincing.

So you hired an attorney AFTER you were found guilty at trial???

So what does your attorney say about the matter?

 

[FlyingRon]

In Virginia, probationers are not barred from drinking usually, just in doing so to excess. The wording is " will not use alcoholic beverages to the extent that it disrupts or interferes with my employment or orderly conduct. " Of course, you may have different conditions imposed at the discretion of the courts or the corrections department.

Of course, the event in question still is arguably a violation and the violation exists regardless of whether you duck further criminal charges. Hopefully you've reported the incident to your PO. PO's hate it when they hear about things after the fact.

 

[beth77]

Just drinking is a violation of your probation. Doesn't matter why you were passed out. You make it sound like you were drinking but not enough to pass out. That's not too convincing.

So you hired an attorney AFTER you were found guilty at trial???

So what does your attorney say about the matter?

Thanks for the response, I had been drinking but was not in "public" because of the drinking. I went to court for the ticket/summons, tried to have it thrown out and was found guilty so I have appealed it.

My attorney is going to try and fight the matter but not sure whether or not he will be able to or not.

 

[FlyingRon]

What do you mean you weren't in public? In a car on the roads is in public.

 

[beth77]

I understand I was in "public" technically in the car. I wasn't being disorderly or obnoxious. I was just passed out *due to the head injury I had recieved* and was very cooperative when the officers arrived.

 

[FlyingRon]

Disorderly or obnoxious is not a requirement for the Virginia public intoxication.

If you have probation conditions barring drinking, you are in violation.
If you have the standard probation conditions, you may still be in trouble.
One might argue that if you weren't drunk in public, you wouldn't have been in a situation to get struck in the head and passed out on the sidewalk. The burden of proof on probation violations is a lot looser.