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Good evening. I certainly understand the situation and your concern for your son. This is a misdemeanor
offense and is punishable by a fine of up to $100, or up to 30 days in jail. The elements of the offense, which the State must prove are:
1. (a) That the accused was found on any highway or at any public place or public gathering in a grossly intoxicated condition or was conducting himself in a disorderly
or boisterous manner.
(b) That the accused did use obscene or profane language on any highway, public place, gathering, or in hearing distance of any church or schoolhouse.
(c) That the accused, while under the influence of intoxicating liquor or feigning to be, without just cause or excuse, did discharge a gun
, pistol or other firearm while upon or within fifty yards of a public road or highway, and not on his own premises.
While it is highly unlikely that your son will be given any jail time or placed on probation, this is still something that could likely appear on his record. While the court may only impose a fine and court costs, if he was offered alcohol classes, it would appear that there was some type of diversion program offered to him, that could have possible resulted in the charge being dismissed, so it would not appear. When he appears in court, he could inquire about this, unless he reject the offer already. While he may not want to attend alcohol classes or thinks he does not need them, he may want to just accept it and do them, to avoid having this on his record and something which he would have to disclose to a potential employer.
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