I was arrested and charged with KRS 222.202 alcohol intoxication in a public place and with KRS 525.060 disorderly conduct. I was in town visiting college friends but am currently a California resident. I'm inquiring to find out what the likely action will be when in court- how much the fines will likely be, and if there are any measure I may take to buffer my situation-such as writing letters of apology to my arresting officer and the court.
Estate Planning Attorney
Much of what happens will depend upon the local policies of the judge and prosecutor. Depending upon whether or not you have a prior criminal history, if you hire a local attorney he or she may be able to obtain diversion treatment for you so that this will stay off your record. Depending upon the circumstances, you will most likely have some kind of fine and court costs.
Disorderly Conduct is a Class B Misdemeanor with a maximum punishment of 90 days or a $250 fine.
The penalty for alcohol intoxication is a fine as set out below.
(3) A person guilty of alcohol intoxication, or drinking alcoholic beverages in a public place shall, for a first or second offense be fined not less than twenty-five dollars ($25).
(4) A person guilty of alcohol intoxication, or drinking alcoholic beverages in a public place, shall for a third or subsequent offense within a twelve (12) month period be fined not less than twenty-five dollars ($25) nor more than one hundred dollars ($100), or be imprisoned in the county jail for not less than five (5) nor more than ninety (90) days, or both. Subsequent offenses not within the twelve (12) month proscription of this section shall be dealt with under subsection (3) of this section.
(5) In addition to any other penalty prescribed by law for violation of subsections (1) and (2) of KRS 222.202, the court may sentence the person to an alcohol or substance abuse treatment or education program subject to the following terms and conditions for a third or subsequent offender:
(a) The sentence shall be for a period of up to six (6) months and the program shall provide an assessment to the court of the defendant's alcohol or other substance abuse problems.
(b) Each defendant shall pay the cost of the treatment or education program up to his ability to pay but no more than the actual cost of the treatment.
(c) A defendant may upon written recommendation to the court by the administrator of the program, be released by the court prior to the expiration of the six (6) month period.
(d) Failure to complete the treatment program or to pay the amount specified by the treatment program shall constitute contempt of court and the court may, in addition to any other remedy for contempt, reinstitute all penalties which were previously imposed but suspended or delayed pending the completion of treatment or education program.
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Criminal Defense Attorney
Hire a local criminal defense attorney to appear for you and resolve the case. www.kacdl.net
I am trying to give you a general answer to your question. We do not have an attorney-client relationship by this response on the avvo website. I have not been retained to represent you. I am licensed to practice law in Kentucky and in federal court in this state and the Southern District of Indiana. You need to seek legal advice from an attorney licensed to practice in your area..
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