What to do if I received a public intoxication ticket while on felony probation?

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What to do if I received a public intoxication ticket while on felony probation?

I am on felony probation and went to pick up my brother from a bar because he had gotten into a fight. I made a smart remark to the officer and he arrested both of us for public intoxication. I was sober. I am currently on felony probation. The ticket is waiverable so I would rather just pay the ticket and not have to spend the time and money to fight this. If I waiver and pay the fine I know I’m pleading guilty. Will this get back to my probation officer?

Asked on June 12, 2011 under Criminal Law, Ohio

Answers:

M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney

Answered 10 years ago | Contributor

How you handle this matter really depends on how the crime is charged in your state.  Public intoxication is a catch all phrase and the facts determine how it will be charged.  In New York, for example, is is charged as disorderly conduct and as a misdemeanor.   I believe that the charge would be the same in Ohio based upon the facts.  And it would probably be a misdemeanor.  So I would not just pay it  - tantamount to a conviction - for fear of violating your probation.  I would seek to discuss the matter with your attorney as soon as you possibly can.  You have much more to risk here than some money.  Good luck to you.


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