Public Intoxication and interfering with an arrest this was my first offense and i am pleading guilty. (Utah)

My friend got a DUI when I was in the car she was getting taken to jail and her car was getting towed. I needed to find a ride so i called another friend come get me, i started walking to head to a store or gas station and one of the cops that was giving my friend the dui pulled up, to make a long story short he pretty much said that if i didnt have to tow truck driver take me to a gas station he was going to arrest me for being drunk in public, i was in no was comfortable getting in the truck with the tow truck driver at 2am so i got arrested, what will happen when i plea guilty?

Asked on May 30, 2009 under Criminal Law, Utah

Answers:

B. B., Member, New Jersey Bar / FreeAdvice Contributing Attorney

Answered 11 years ago | Contributor

Well, I'm not sure that you should plead guilty.  I think you should talk to a lawyer about this first, based on what you've told me, to get sound advice based on all of the facts of your case.

I'm not a Utah attorney, but my research suggests that just last fall, the state's Supreme Court ruled that it isn't against the law to be drunk in public, it's only against the law if your public drunkenness makes you a threat to yourself or others.  So questions of how far you would have had to walk to get to a store, whether you would have been able to walk without being too close to the traffic, whether you were able to walk well enough not to risk getting hit -- these are questions that suggest themselves.

How this decision is working in the trial courts, how well it fits the facts of your case -- I don't know, this is why you need to have a local lawyer!


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