Can I get a ticket for drinking in public in front of my apartment?

UPDATED: Apr 17, 2012

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Can I get a ticket for drinking in public in front of my apartment?

I was standing in front of my apartment with my brother-in-law leaned up against my car. The officer did not see me with a beverage in hand. He asked me if I had been drinking and I said a little but I was in my apartment. I had just stepped out to smoke. The officer seen alcohol cans on the back of a car and asked whose they were and my brother-in-law clearly told the police officer they were his. But he still gave me a ticket. Is this possible?

Asked on April 17, 2012 under Criminal Law, South Carolina


FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney

Answered 10 years ago | Contributor

Since you in fact received a ticket for drinking alcohol in public by the police office, he or she apparently was able to ticket you for this alleged offense. From what you have written, the issue that I see is whether or not the district attorney's office will be able to prove the charge against you beyond a reasonable doubt.

You need to realize that in this country, one is innocent until proven guilty of a criminal charge and the burden of proof lies with the prosecution.

From what you have written, it appears that the prosecution could have a hard time proving its case against you. I suggest that you consult with a criminal defense attorney to further assist you in your matter.

IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

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