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Samuel II
Samuel II, Attorney at Law
Category: Employment Law
Satisfied Customers: 21854
Experience:  20 years of experience practicing law.
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My daughter was recently cited for PA S 18 5505 Public Drunkenness.

Resolved Question:

My daughter was recently cited for PA S 18 5505 Public Drunkenness. She is 22 and just completing her degree to be a speech pathologist. She was walking home to her friend's house after an evening out eating and drinking. She does admit she had too much to drink, although she did not take a breathalyzer test. She was cited by the officer who had to let her and her friend into the secured facility where the friend lived. She needs a clear background check in order to be employed by a school. We are trying to determine if she should just plead guilty, or get an attorney to try and beat something that I understand is hard to beat.
Submitted: 3 years ago.
Category: Employment Law
Expert:  Samuel II replied 3 years ago.
Chat Conversation Started
Samuel-II :

Hi

Samuel-II :

Please tell me exactly what she was doing that she was cited for Public Drunkenness?

Customer :

She was walking to her friends apartment building after a night out. The officer wrote Defendant appeared in a public place manifestly under the influence of an alcoholic beverage. Defendant appearance: speech slurred, eyes were red glassy, knees were dirty, cut on foot (my comment: there was a small cut on her foot from wearing heels. She had a previous foot infection that she had very recently doctored for and shouldn't have been wearing heels yet, thus the cut) Defendent had a strong odor of an alcoholic beverage and issues standing. She was swaying as she stood and was asked to sit in a chair.

Customer :

My question is as much about the steps she might need to take to reduce the charge, if any, as she is very concerned that if she is found guilty, this appearing on a background check will NOT allow her to work in a school district as a speech pathologist. Is there any negotiation that might go on? If so, does she need an attorney to do that for her or can she speak at the hearing of the district magistrate? She has never been in trouble before for anything besides a few traffic tickets.

Samuel-II :

Alright. And that is why I was trying to ascertain if the was good cause for him to approach her

Samuel-II :

If there was then, what was it? See, there needs to be a sufficient reason for him to come up to her. At any rate, if she did not have a breath test, then it is his word against hers. And if she wanted to plead not guilty, she should have a local attorney to assist her.

Samuel-II :

It may be possible to just have the matter dismissed if a local attorney can negoiate a deal, by saying there was no good reason for him to have approached her, you see?

Samuel-II :

I would not suggest she try to negoiate this herself, if she wants a dismissal

Samuel-II :

If she pays the fine, it is a Summary Offense and as such she could, at a later date, file for an expungement if she is given a deferred adjudication.

Samuel-II :

But if she wants to plead not guilty and goes before the Magistrate pro se, without an attorney, she will be questioned and anything she says will be used against her. A guilty plea and paying the fine means it is on her record

Samuel-II :

If you have further questions, you can post them here and I will continue to assist. Otherwise, please remember to accept as that is how I get credit for my time and information in this matter. Thank you


 

Samuel-II :

Here is the PA law

Samuel-II :

§ 5505. Public drunkenness and similar misconduct.
A person is guilty of a summary offense if he appears in any
public place manifestly under the influence of alcohol or a
controlled substance, as defined in the act of April 14, 1972
(P.L.233, No.64), known as The Controlled Substance, Drug,
Device and Cosmetic Act, except those taken pursuant to the
lawful order of a practitioner, as defined in The Controlled
Substance, Drug, Device and Cosmetic Act, to the degree that he
may endanger himself or other persons or property, or annoy
persons in his vicinity.

Samuel-II :



If you have further questions, you can post them here and I will continue to assist. Otherwise, please remember to accept as that is how I get credit for my time and information in this matter. Thank you



Customer :

He approached her because her friend, who also was cited, could not get her admittance card to get into her apartment facility to work.

Customer :

Also what is a deferred adjudication?

Customer :

I looked up deferred adjudication on the internet. That does not seem to help as the charge remains on the record -- which is what she is trying to avoid as she needs this NOT to come up on a background check.

Samuel-II :

Hi

Samuel-II :

I see. So they were already at their location. Well, it is a situation that you really should consult with a a local attorney to try to get this totally dismissed. But if not, with a deferred adjudication, if she was placed say on a 90 day probation (which is just silly in this case, in my opinion) then the deal would include there would be no record of it. Yes, she would then need to apply to have the citation removed from her record. So, the best scenario is to consult with a local attorney - explain the girls had reached their destination and there was a problem with the door

Samuel-II :

entry key. Remember, there was no breath test done or anything so her "obvious appearance of intoxication" was only his observation and it is questionable

Samuel-II :

If you have further questions, you can post them here and I will continue to assist. Otherwise, please remember to accept as that is how I get credit for my time and information in this matter. Thank you

Customer :

Thank you!

Samuel-II :

You're welcome

Samuel-II :

If you have further questions, you can post them here and I will continue to assist. Otherwise, please remember to accept as that is how I get credit for my time and information in this matter. Thank you

Customer :

Already done.










Samuel II, Attorney at Law
Category: Employment Law
Satisfied Customers: 21854
Experience: 20 years of experience practicing law.
Samuel II and 6 other Employment Law Specialists are ready to help you

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