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No, you cannot, because the statute provides that you must be in a "public" place (say, on the street in front of your house) or a private road or street car/vehicle to be guilty of the crime. Your porch is not one of these places, it is part of your home. Here is the statue:
Okla. Stat. tit. 37 § 8
In Oklahoma, it is unlawful to consume or be intoxicated by any intoxicating substance in any public place, or private road or in any street car or other passenger vehicle unless authorized by the Oklahoma Alcoholic Beverage Control Act. It is also unlawful to be intoxicated and disturb the peace of any person.
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If the first court appearance is just the arraignment or reading of the charge against you, when they ask you how you plead, just say not guilty. The case will then be set for a later date.
As for proving the case, that burden is on the prosecutor -they have to prove beyond a reasonable doubt (a very high burden of proof) that you are guilty; you don't have to prove you are innocent.
Thank you for your kind words.
That's a tough call as to what I would do, because part of me would want to fight something that I didn't do and that doesn't even meet the statutory requirements for public intoxication.
On the other than, the maximum penalty for this if convicted is a fine up to $100, a maximum of 30 days in jail, or both a fine and jail time. Quite honestly, I don't see a court sentencing you to jail, especially if it's a first offense.
I don't know if I'd spend the money on a lawyer to fight this. You might just go to court and consider pleading no-contest and asking for a withhold of adjudication (withholding of guilt).
Of course, I always tell people it also never hurts to take the time to consult with a cirminal lawyer before your court date, Many offer low cost or even free consultations, and they may have a different opinion on how you should approach the matter.
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