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Samuel II
Samuel II, Attorney at Law
Category: Criminal Law
Satisfied Customers: 27011
Experience:  Handle criminal matters in both state and federal courts.
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I was charged with public drunkenness as I was under the influence

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I was charged with public drunkenness as I was under the influence of marijuana but there were no actions or proof that I was high. can i have this charge dropped. Is it even worth it, in terms of having it on my record to fight it?



it's always worth the fight to keep your record clean. tell me a little bit more about what happened - where were you, what caused the charge, what state is this, and how old are you

Customer: replied 8 years ago.
Im 18 years old i have no other charges on my record, this happened in Pennsylvania. I smoked about 3 to 4 hours prior to getting arrested. I was on a street in front of some houses when a person inside a house called 911 because of a "suspicious car". I was alone sitting in my car at around 6:30 PM on an empty street. I did not smoke in front of the house, instead i was at a park, in a different municipality, about 3 to 4 hours earlier. The police officer arrived and said she could smell it, and I eventually gave her some paraphenalia in my car. I was only charged with a Non- Traffic summary case where i was publicly under the influence of Marijuana.



thanks for the information on the state


here is how the law reads - so if there were no tests done or anything showing you had a cds in your system then you should consider pleading not guilty and make the state prove you were drunk or otherwise under the influence - but if it is only a fine, then you could consider paying it and be done with it


Section 5505 of the Pennsylvania Crimes Code (Title 18)

A person is guilty of a summary offense if he appears in any public place manifestly under the influence of alcohol to the degree that he may endanger himself or other persons or property, or annoy persons in his vicinity.


there is a penalty of $300 and/or 90 days



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also, did she let you drive away? if so, then that is to your defense of not being under any influence