What should I do if I received a citation for public intoxication while I was in my driveway?

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What should I do if I received a citation for public intoxication while I was in my driveway?

I was not arrested. I had been visiting a friend a block away and drove home via a narrow alley that runs behind our homes. An officer pulled into my driveway behind me regarding a brake light being out on my vehicle. He proceeded to give me a breathalyzer (there were no readable results) and a “field test”. I was honest about having a glass of wine. I was not drunk. He have me the citation in my driveway and left. How should I handle this? I have no prior record.

Asked on January 22, 2014 under Criminal Law, Pennsylvania

Answers:

Stan Helinski / McKinley Law Group

Answered 7 years ago | Contributor

Definitely contact a lawyer--the government must prove that you were operating on a "public way." It doesn't see they'll be able to prove that element.  


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