Is the sidewalk across the street from my house considered public property in regards to public consumption of alcohol?

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Is the sidewalk across the street from my house considered public property in regards to public consumption of alcohol?

I was cited last night for public consumption of alcohol after leaving my neighbor’s house, directly across the street from my house. I left my alcohol on the sidewalk when the police officers approached me. They cited me for public consumption of alcohol. First off all, is the sidewalk directly across the street from my house public property? And also, what possible penalties could I be facing? I have past criminal history, including DUIs, from a different state (the most recent was from about 7 years ago).

Asked on December 23, 2011 under Criminal Law, Arizona

Answers:

FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney

Answered 9 years ago | Contributor

The side walk that you are writing about if maintained by the city, town or county that you live in is public versus private property. If you left a container of alcohol on the side walk, the police officer was well within his or her right to have cited you for public consumption of alcohol and possibly littering.

Given the fact that you have been cited for a criminal offense and the fact that you have a prior history with the law, I suggest that you consult with a criminal defense attorney about the matter you are writing about.


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