If a person has been drinking, the best way to avoid being arrested when riding in a vehicle is to avoid the drivers seat but perhaps not if you are Christina Aguilera. She was arrested for public intoxication as she sat in the passenger seat of her boyfriend’s car when he was arrested for drunken driving. Aguilera was allegedly “incapacitated in the passenger seat of the vehicle when her boyfriend’s vehicle was pulled over, and he was arrested for DUI. Although Aguilera was arrested for suspicion of public intoxication and not DUI, she was still arrested and booked. Many people do not even realize that they can be arrested for “drinking and being a passenger,” but the law in most states does permit someone to be arrested for being drunk in public.
Under Pennsylvania criminal law, a person can be charged with public intoxication where one is in a public place and manifestly under the influence of alcohol if the person is intoxicated as to endanger oneself, other people or property or annoy those in the vicinity. At first, one might why wonder why Aguilera was arrested given that she was arrested in a private vehicle. However, the facts of these cases can be complex and often turn on whether a person is “in public.” Pennsylvania courts have found that a person can be “in public” even when arrested on private property. Com. v. Johnson, 47 Pa. D. & C.3d 261 (1986). The fact that the vehicle was on a public street probably means that she could be prosecuted in Pennsylvania if the incident had occurred here. The issue can be complex as a court may find that a person in a private club that is generally not held open to the public cannot be convicted under this provision. Com. v. Meyer, 431 A.2d 287, 288 Pa.Super. 61, Super.1981.
Aguilera was ultimately released with the police indicating that they had no intention of prosecuting the case. Their position was that she was extremely intoxicated and was only taken into custody until she could be safely released. Her boyfriend was not so fortunate; he was charged with DUI. A Pennsylvania DUI charge is a serious offense and can carry significant penalties including incarceration, fines, probation, DUI school and other potential consequences. If you are arrested for any alcohol related offense, such as public intoxication, DUI/DWI or a similar offense, it is important to consult with an experienced Pennsylvania criminal defense attorney. Your Pennsylvania DUI attorney can advice you on potential defenses, alternative sentencing and mitigating the long-term consequences of any arrest or conviction.
With a focus on thorough preparation, superior client service and dedicated representation, I help families and individuals solve a wide range of DUI and criminal litigation issues.
I will respond to your email submission as promptly as possible. I ask that you consider calling me, Pittsburgh DUI Defense attorney Michael V. Worgul, directly at 1-412-475-9217 or toll free at 1-855-DUI-CRIM for a free initial consultation to discuss your case. You will also find out how our practice can be put to work for you.
I look forward to listening to the circumstances of your case and discussing all available options under the law.
Sincerely,
Michael V. Worgul
Michael V. Worgul, Esq., LLC
429 Forbes Avenue
Pittsburgh, PA 15219
Toll Free: 1-855-DUI-CRIM
Phone: 412-475-9217
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