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JB Umphrey
JB Umphrey, Lawyer
Category: Criminal Law
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Experience:  Handling criminal and probation matters for over 14 years.
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I was put in jail for 1 night for disorderly conduct. I was walking home from the bar and

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I was put in jail for 1 night for disorderly conduct. I was walking home from the bar and got picked up. The officer asked if I had been drinking which I replied yes. They put me in jail for my own safety. Is there any chance I could fight it or should I simply pay the fine?
Submitted: 3 years ago.
Category: Criminal Law
Expert:  JB Umphrey replied 3 years ago.
Thank you for using JustAnswer!

I am sorry to learn of your circumstances. Please clarify: what were you doing that made you disorderly?
Customer: replied 3 years ago.
I was simply walking home, I may have been stumbling slightly because I had a few drinks.
Expert:  JB Umphrey replied 3 years ago.
Were you walking into the roadway and possibly creating a hazard for other drivers?
Customer: replied 3 years ago.
I was walking through an empty parking lot as a shortcut home
Expert:  JB Umphrey replied 3 years ago.
What's the name of the City where this happened?
Customer: replied 3 years ago.
Athens Ohio
Expert:  JB Umphrey replied 3 years ago.
This is what the local ordinance outlaws:

13.04.01. - Disturbing peace; disorderly conduct..

(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 he were not intoxicated, should know is likely to have such effect on others;

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

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

(E) Whoever violates this section is guilty of disorderly conduct, a minor misdemeanor. If the offender persists in disorderly conduct after reasonable warning or request to desist, disorderly conduct is a misdemeanor of the fourth degree.

From the facts that you've described, the officer was concerned for your safety, you admitted to having been drinking, and thus, the facts fit with the local ordinance of disorderly person. I do not know how you could get out of it.

I wish very much that I could offer you an answer that was more favorable to your circumstances, but the law seems to be pretty clear. Had I been able to provide an Answer which might have given you a successful legal outcome, it would have been my pleasure to do so.

I hope you understand.

If you have a follow-up question, please reply and ask it.

If you are satisfied that your question has been answered, kindly select the ACCEPT button to close this thread and so that I receive credit for assisting you today.
JB Umphrey, Lawyer
Category: Criminal Law
Satisfied Customers: 20232
Experience: Handling criminal and probation matters for over 14 years.
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