Walk It Through: The Sidewalk
Not an offense, help home or to treatment, and the grades of offense.
After a concert, a person who has had too much to drink is sitting on the sidewalk outside a bar when an officer walks over.
Two things a person in this spot might do. Picking one shows what the law says about it.
One night and one sidewalk. Disorderly conduct while intoxicated, driving after drinking, and resisting arrest are not worked through here.
A practice walkthrough, not a prediction of how any real one will go. Legal information, not legal advice.
Words this turns on
Terms with a legal meaning that is narrower than the everyday one. Each links to the definition and the authority behind it.
- Degree of crimeHow the code grades a crime, from first degree down to fourth. A crime of the third degree carries between three years and five years and a fine up to $15,000.00.
- Disorderly persons offenseThe grade below the crimes, punishable by not more than 6 months and a fine up to $1,000.00.
- Petty disorderly persons offenseThe lowest grade, punishable by not more than 30 days and a fine up to $500.00.
- Disorderly conductWith purpose to cause public inconvenience, annoyance or alarm, or recklessly risking it, fighting, threatening, behaving violently or tumultuously, or creating a hazardous condition with no legitimate purpose. A petty disorderly persons offense.
- Intoxication treatment centerA facility a police officer may assist a person intoxicated in a public place to, as an alternative to their residence. A person assisted there is not considered arrested, and no record may show an arrest.