Category Archives: Pittsburgh Public Intoxication

Common College Crime Series: #PublicIntoxication

Passed Out in Public due to Public Intoxication

Anyone who has been around a college campus, college bars and houses around 2 am on a weekend can attest to the fact that its not uncommon to see college aged kids who have clearly had too much to drink.  They may be weaving down the sidewalk, throwing up, or just generally being loud and obnoxious. It is also not uncommon to see those same inebriated people get arrested for public intoxication a few moments later.

Though the severity of the offense and the penalty for a conviction of public intoxication may vary depending on the state, there are basic principles behind the offense.  Generally speaking, and this may seem obvious from the title, to convict you of public intoxication the government must prove that you were both 1. in public, and 2. clearly intoxicated.  What constitutes a public place for purpose of the statute generally depends on its openness to the public.  For example, a private club that is closed to the public, such as one that requires membership, won’t be considered a public place for purpose of the statute.  Also some states have specific requirements that the intoxicated person must be a nuisance to the public. That requires other people being around, and that the intoxicated persons behavior interfere in some way with their enjoyment of the public space.

As for intoxication, there is no specific level of intoxication such as a BAC level that determines whether someone is per se intoxicated.  These statutes are usually not limited to just alcohol, as being under the influence of drugs, with or without alcohol,  will satisfy the intoxicated prong of the statute as well.  Whether someone is intoxicated is generally a judgment of reasonableness. For the most part, you know it when you see it. And as stated above, some states public intoxication statutes require that the intoxicated person be a nuisance to others, so if the behavior is nothing that would bother the other people there, in those states a public intoxication charge would be improper.

If you or a loved one has been charged with public intoxication, consult with an attorney.  An experienced attorney can help fight the charges, get them dismissed, or pursue alternative remedies that may avoid a conviction altogether.  Attorney Frank Walker is a lawyer you can trust to fight for you. With offices in Pittsburgh, PA and Morgantown, WV, Attorney Walker has years of experience providing zealous representation to college students and the general public.   Call 412-532-6805 to reach the Pittsburgh office or (304) 712-2089 for the office in Morgantown. Call today!

About Frank Walker Law

Attorney Frank Walker of Frank Walker Law is a National Top 100 Criminal Defense Lawyer, and Personal Injury Attorney who has been recognized as a Super Lawyer, Best Attorneys in America and a Top AVVO Rated attorney, with offices in Pittsburgh Pennsylvania and Morgantown West Virginia.

If you or someone you love are facing criminal charges or seriously injured in an accident, contact Attorney Frank Walker immediately at 412-532-6805, 24 hours a day, 7 days a week for aggressive and experienced Criminal Defense or Representation in a Civil Case.

Top 5 Tips to Avoid an Arrest this #StPattys Day. #FreeAdvice #Irish

Plan Ahead for March 17
Avoiding an Arrest on St. Patrick’s Day from a Criminal Defense Attorney

Every Single Year, not every other year, but EVERY, SINGLE, YEAR, our phones ring off the hook on St. Patrick’s Day and immediately thereafter. On the other end of the phone is the friend, cousin, husband, sister, wife of someone who, “is really a good person, but had a little to much to drink over St. Patty’s Day Holiday.”

Don’t get me wrong, as a Criminal Defense Attorney, the new business is great! But I really don’t want you to need me.

PSA Billboard from a Pittsburgh DUI Lawyer

You see, part of my job as an Attorney is that of a Counselor, and I view that term as  the license to impart some sage advice from time to time.

I mean, do you really want to spend the day after St. Patty’s Day gathering your hard earned funds to retain a Criminal Defense Lawyer to post bond for your Friend, or defending you at a preliminary hearing for a DUI Charge or Summary Trial for Underage Drinking, Public Intoxication, Public Urination, Summary Harassment, Fake ID or Disorderly Conduct? Probably Not.

Alas, I am breaking my own rule and dishing out some FREE LEGAL ADVICE and giving you my Top 5 Tips for avoiding an arrest this St. Patrick’s Day.

So Listen up! 

  1. Plan Ahead

Pick a Designated Driver, Download the #UBER or #LYFT App, find the local Shuttle Service in your area, or Lock in the Number for a Taxi BEFORE you hit the town.

Young Couple riding in UBER, LYFT or TAXI upon advice of Counsel – Criminal Defense Lawyer Frank Walker Law

Yellow Cab, #Morgantown, WV – (304) 292-7441

DUB V Safe Ride – Morgantown Text or call 304-777-9996

Yellow Cab, Pittsburgh, Pa – (412) 321-8100

JB Taxi Service – Beaver County, Pa – 724-658-1444

C & H Taxi – Charleston, WV (304) 344-4902

Greensburg, Pa – Yellow Cab – (724) 838-0700

 

2. Know Your Limits

Your capacity to ‘hold your liquor’ does not magically increase simply because it is St. Patrick’s Day.  You are not impressing anyone by overdoing it. Odds are you will end up making some poor decisions like thinking you can drive when you can barely walk. Be Smart.

Be Smart: Know your Limits – Tips from Criminal Defense Attorney Frank Walker Law

 

3. Use the Bathroom that has a toilet and a stall

I get it. When you gotta go, you gotta go, but do yourself a favor: Use the restroom before you leave the establishment. In the alternative, use one of the numerous port-a-potties set outside just for this occasion.

The side of buildings, cars, dumpsters and alleys do not require any additional ‘human hydration‘ or ‘liquid artwork‘. Plus, Officers are out and about waiting to cite you for Public Urination.

Use the Bathroom before you go. Don’t get arrested for Public Urination! – Tips from Criminal Defense Attorney Frank Walker Law

 

4. If you are Drinking you are Not Driving. Simple. 

Sounds So Easy, but you would be surprise at the amount of people who still get arrested for a DUI because ‘they only had two drinks’.

Don’t make the mistake of thinking you are ok to drive or that you are ‘not as drunk as your friend‘. Officers will be out in droves throughout the Holiday Weekend. If you Drink and Drive, you will be caught. You will face jail time, legal fees, hefty fines, license suspensions and a criminal record.

It’s not worth it. If you don’t have a plan for a designated driver, stay home, put on some green and invite some friends over. Don’t Risk a DUI

Don’t Risk a DUI this St. Patrick’s Day. Tips from a Criminal Defense Attorney – Frank Walker Law

 

5. Just Walk Away

Inevitably, alcohol will bring out the beer muscles this holiday. Insignificant arguments will immediately escalate to all out war. Fists flying, screams, scratching, yelling and Defcon 5 over something that neither party will remember once they sober up.

Just Walk Away from Beer Muscles – Tips from Criminal Defense Attorney Frank Walker Law

Do yourself a favor and just walk away.

Sure, you’ve had a couple drinks, you’re feeling yourself, and now you are ready to defend his or her honor over a perceived diss from a facebook post your neighbor’s cousin made last Halloween. Is it really worth it? Probably Not. Just Walk Away

An officer tells you to walk away from an incident, but you want to ‘give them a piece of your mind’! Is it really worth it? Probably Not. Just Walk Away.

Enjoy the Holiday Responsibly 

These are my top 5 Tips. Sure, there are many additional tips for avoiding an arrest this St. Patty’s Day Holiday, but 5 will do it for now. Want more advice? No Problem. Set an appointment and we can talk about it . . . Just don’t expect me to meet you on St. Patty’s Day.

About the Author

Attorney Frank Walker of Frank Walker Law is a National Top 100 Criminal Defense Lawyer and Personal Injury Attorney with offices in Pittsburgh Pennsylvania and Morgantown West Virginia. Attorney Walker is also a member of the National College for DUI Defense, Super Lawyers and qualified as a Pennsylvania Death Penalty Defense Attorney.

If you or someone you love are facing criminal charges or seriously injured in an accident in WV or PA, contact Attorney Frank Walker immediately at 412-532-6805, 24 hours a day, 7 days a week for aggressive and experienced Criminal Defense or Representation following a serious accident or injury.

 

 

Should I represent myself for a Summary Trial?

Do I need an Attorney for a Summary Case

In Pennsylvania, crimes are divided into 3 categories, felonies, misdemeanors, and summary offenses. Misdemeanor and felony charges are the more serious offenses, while summary offenses have less serious consequences. In light of that, many people believe that its not worth it to spend the money to retain an attorney for a trial on a summary offense.  They could not be more mistaken.

First of all, many summary offenses carry with them the possibility of jail time of up to 90 days imprisonment in the county jail.  In cases with multiple summary offenses, you may receive an additional 90 days in jail for each summary offense you are convicted of. Each offense also carries with it the potential for a $300 fine in the case of most summary offenses. In the case of habitual offenders, you can find yourself paying fines of up to $1,000 cash for each offense. And again, these fines are cumulative in the case of conviction on multiple offenses. Certain offenses, such as a violation of 1543(b) Driving on a Suspended License (Alcohol Related) carry mandatory jail time.

Due to the traffic nature of most summary offenses, the possibility for a suspension of your driving privilege is a possible outcome attached to many summary trials.  You can get your license suspended either for a few months, or even an additional year depending on the offense and the status of your driver’s license.

Summary trials, especially those related to traffic are often very document intensive, including records from the Department of Transportation, employer’s records, financial records, and other documents. For these to be admissible in trial against you, they will be needed to be admitted pursuant to the rules of evidence. In many cases, a summary trial is prosecuted solely by the affiant, that meaning you are facing a police officer and not an attorney from the District Attorney’s office.  With an experienced criminal defense attorney at your side, you may have the advantage you need to challenge the Commonwealth’s evidence and get the case dismissed.  Also, due to the working relationship and experience a good attorney has with law enforcement, you may be able to strike a better plea bargain than you would be in the position to make on your own.

Even in a summary trial, its important to be prepared with a good attorney. Attorney Frank Walker can help. With experience in trials ranging from the most serious felonies, to lower grade summary offense, Attorney Walker fights to the utmost to receive the most advantageous outcome for his clients.

Attorney Frank Walker of Frank Walker Law is a National Top 100 Criminal Defense Lawyer and Personal Injury Attorney with offices in Pittsburgh Pennsylvania and Morgantown West Virginia. Attorney Walker is also a member of the National College for DUI Defense and qualified as a Pennsylvania Death Penalty Defense Attorney.

If you or someone you love are facing criminal charges or seriously injured in an accident in WV or PA, contact Attorney Frank Walker immediately at 412-532-6805, 24 hours a day, 7 days a week for aggressive and experienced Criminal Defense or Representation following a serious accident or injury.

How Attending a #Pittsburgh Concert Can Impact Your Future

Several citations were issued and a number of arrests were made after a concert on the night of June 21st at Heinz Field.  A spokesperson for the #Pittsburgh police department said that both during and after the event there were 15 fights reported as well as more than 250 calls to 911 requesting police and medical services, and more than 30 people transported to area hospitals for a variety of injuries. There were also several citations issued for non-traffic related offenses including 20 people cited for scalping tickets to the event, one person cited for public intoxication, 10 people cited for public urination, and six people issued disorderly conduct citations.

In addition to the citations there were a number of arrests made. One arrest was made for disorderly conduct, one on an outstanding warrant, two arrests for assault, and three for defiant trespass. There were other arrests made in the area including several for domestic issues and prostitution but it was not made known whether they were connected to the activities associated with the concert event.

Many people may not know this but certain citations and arrests for seemingly minimal crimes and infractions, such as public intoxication, can have long term effects on your ability to get a job or even qualify for special programs. If you have been arrested or cited for an otherwise minor infraction, it may be to your benefit to fight it instead of simply paying it or pleading guilty. Give my office a call now to discuss.

Attorney Frank Walker of Frank Walker Law is a National Top 100 Criminal Defense Lawyer and Personal Injury Attorney with offices in Pittsburgh Pennsylvania and Morgantown West Virginia.

If you or someone you love are facing criminal charges or seriously injured in an accident, contact Attorney Frank Walker immediately at 412-315-744124 hours a day, 7 days a week for aggressive and experienced Criminal Defense or Representation in a Civil Case.

55th Annual #Pittsburgh #ArtsFestival Opens Tomorrow. View and Download Event Schedule

A sure sign that Summer is on its way to Pittsburgh is the opening day of the Three Rivers Arts Festival at Point State Park and throughout downtown Pittsburgh.

Artists from around the world will flock to Pittsburgh to show their masterpiece work or sell a few items to the Festival Faithful.  The Festival will also include many food vendors, music, theater, poetry and much more.

The festival is said to draw more than 400,000 visitors to the Pittsburgh area to view the sites, purchase artwork or just to enjoy the scenery of beautiful downtown Pittsburgh from the vantage point of the Point.

Here are some helpful links to help you navigate the 55th Annual Three Rivers Pittsburgh Arts Festival:

About the Arts Festival

Artist List

Event List

Event Schedule 

Environmental Responsibility 

Festival Map

Vendors (Food & More)

Whether you are visiting the Arts Festival after work or making the Festival a family weekend outing, please have fun and enjoy yourself throughout the event.

Security and Police Officers will have an increased presence at the festival and all around downtown to assist with crowd control, traffic and to ensure a stress free and safe festival. Officers will also be on the lookout for minors using fake ids, underage drinking and DUI offenders.

Additionally, officers will immediately identify offenders with open containers or those whom are visibly intoxicated in public.

Let’s help make the Festival a safe and family friendly event by enjoying ourselves responsibly.

Attorney Frank Walker of Frank Walker Law is a National Top 100 Criminal Defense Lawyer and Personal Injury Attorney with offices in Pittsburgh Pennsylvania and Morgantown West Virginia.

Pittsburgh Public Intoxication Lawyer Commerical with @DjScottro @961KISS

New Commercial with @DjScottro from @961KISS about the dangers of Public Intoxication.

http://www.961kiss.com/media/play/24438823/