I WAS ARRESTED EARLIER THIS MONTH FOR OHIO REVISED CODE 2917.11(B)(1) WHICH STATES...§ 2917.11. Disorderly conduct.
(A) No person shall recklessly cause inconvenience, annoyance, or alarm to another by doing any of the following:
(1) Engaging in fighting, in threatening harm to persons or property, or in violent or turbulent behavior;
(2) Making unreasonable noise or an offensively coarse utterance, gesture, or display or communicating unwarranted and grossly abusive language to any person;
(3) Insulting, taunting, or challenging another, under circumstances in which that conduct is likely to provoke a violent response;
(4) Hindering or preventing the movement of persons on a public street, road, highway, or right-of-way, or to, from, within, or upon public or private property, so as to interfere with the rights of others, and by any act that serves no lawful and reasonable purpose of the offender;
(5) Creating a condition that is physically offensive to persons or that presents a risk of physical harm to persons or property, by any act that serves no lawful and reasonable purpose of the offender.
(B) No person, while voluntarily intoxicated, shall do either of the following:
(1) In a public place or in the presence of two or more persons, engage in conduct likely to be offensive or to cause inconvenience, annoyance, or alarm to persons of ordinary sensibilities, which conduct the offender, if the offender were not intoxicated, should know is likely to have that effect on others;
(2) Engage in conduct or create a condition that presents a risk of physical harm to the offender or another, or to the property of another.
(C) Violation of any statute or ordinance of which an element is operating a motor vehicle, locomotive, watercraft, aircraft, or other vehicle while under the influence of alcohol or any drug of abuse, is not a violation of division (B) of this section.
(D) If a person appears to an ordinary observer to be intoxicated, it is probable cause to believe that person is voluntarily intoxicated for purposes of division (B) of this section.
(E) (1) Whoever violates this section is guilty of disorderly conduct.
(2) Except as otherwise provided in division (E)(3) of this section, disorderly conduct is a minor misdemeanor.
(3) Disorderly conduct is a misdemeanor of the fourth degree if any of the following applies:
(a) The offender persists in disorderly conduct after reasonable warning or request to desist.
(b) The offense is committed in the vicinity of a school or in a school safety zone.
(c) The offense is committed in the presence of any law enforcement officer, firefighter, rescuer, medical person, emergency medical services person, or other authorized person who is engaged in the person's duties at the scene of a fire, accident, disaster, riot, or emergency of any kind.
(d) The offense is committed in the presence of any emergency facility person who is engaged in the person's duties in an emergency facility.
(F) As used in this section:
(1) "Emergency medical services person" is the singular of "emergency medical services personnel" as defined in section 2133.21 of the Revised Code.
(2) "Emergency facility person" is the singular of "emergency facility personnel" as defined in section 2909.04 of the Revised Code.
(3) "Emergency facility" has the same meaning as in section 2909.04 of the Revised Code.
(4) "Committed in the vicinity of a school" has the same meaning as in section 2925.01 of the Revised Code.
ALL I WAS DOING WAS STANDING BY THE POLICE CAR TALKING TO THE GUY INSIDE THE THE CAR THAT HAD ALREADY BEEN ARRESTED.I WAS NOT DRUNK BUT DID HAVE 3 SHOTS OF ALCOHOL IN 6HRS. I DIDN'T TOUCH THE CAR AND WAS GIVEN NO WARNINGS TO GET AWAY FROM THE VEHICLE OR TO BE QUIET. NO MIRANDA RIGHTS WERE READ AND I WAS CHARGED AND RELEASED. UNSURE OF WHAT TO DO? PLEADED NOT GUILTY CAUSE I CANNOT POSSIBLY PLEAD GUILTY TO SOMETHING I DIDN'T DO. NEED SOME INSITE ON HOW THE COURT THINKS ON THESE SORT OF ISSUES.
(A) No person shall recklessly cause inconvenience, annoyance, or alarm to another by doing any of the following:
(1) Engaging in fighting, in threatening harm to persons or property, or in violent or turbulent behavior;
(2) Making unreasonable noise or an offensively coarse utterance, gesture, or display or communicating unwarranted and grossly abusive language to any person;
(3) Insulting, taunting, or challenging another, under circumstances in which that conduct is likely to provoke a violent response;
(4) Hindering or preventing the movement of persons on a public street, road, highway, or right-of-way, or to, from, within, or upon public or private property, so as to interfere with the rights of others, and by any act that serves no lawful and reasonable purpose of the offender;
(5) Creating a condition that is physically offensive to persons or that presents a risk of physical harm to persons or property, by any act that serves no lawful and reasonable purpose of the offender.
(B) No person, while voluntarily intoxicated, shall do either of the following:
(1) In a public place or in the presence of two or more persons, engage in conduct likely to be offensive or to cause inconvenience, annoyance, or alarm to persons of ordinary sensibilities, which conduct the offender, if the offender were not intoxicated, should know is likely to have that effect on others;
(2) Engage in conduct or create a condition that presents a risk of physical harm to the offender or another, or to the property of another.
(C) Violation of any statute or ordinance of which an element is operating a motor vehicle, locomotive, watercraft, aircraft, or other vehicle while under the influence of alcohol or any drug of abuse, is not a violation of division (B) of this section.
(D) If a person appears to an ordinary observer to be intoxicated, it is probable cause to believe that person is voluntarily intoxicated for purposes of division (B) of this section.
(E) (1) Whoever violates this section is guilty of disorderly conduct.
(2) Except as otherwise provided in division (E)(3) of this section, disorderly conduct is a minor misdemeanor.
(3) Disorderly conduct is a misdemeanor of the fourth degree if any of the following applies:
(a) The offender persists in disorderly conduct after reasonable warning or request to desist.
(b) The offense is committed in the vicinity of a school or in a school safety zone.
(c) The offense is committed in the presence of any law enforcement officer, firefighter, rescuer, medical person, emergency medical services person, or other authorized person who is engaged in the person's duties at the scene of a fire, accident, disaster, riot, or emergency of any kind.
(d) The offense is committed in the presence of any emergency facility person who is engaged in the person's duties in an emergency facility.
(F) As used in this section:
(1) "Emergency medical services person" is the singular of "emergency medical services personnel" as defined in section 2133.21 of the Revised Code.
(2) "Emergency facility person" is the singular of "emergency facility personnel" as defined in section 2909.04 of the Revised Code.
(3) "Emergency facility" has the same meaning as in section 2909.04 of the Revised Code.
(4) "Committed in the vicinity of a school" has the same meaning as in section 2925.01 of the Revised Code.
ALL I WAS DOING WAS STANDING BY THE POLICE CAR TALKING TO THE GUY INSIDE THE THE CAR THAT HAD ALREADY BEEN ARRESTED.I WAS NOT DRUNK BUT DID HAVE 3 SHOTS OF ALCOHOL IN 6HRS. I DIDN'T TOUCH THE CAR AND WAS GIVEN NO WARNINGS TO GET AWAY FROM THE VEHICLE OR TO BE QUIET. NO MIRANDA RIGHTS WERE READ AND I WAS CHARGED AND RELEASED. UNSURE OF WHAT TO DO? PLEADED NOT GUILTY CAUSE I CANNOT POSSIBLY PLEAD GUILTY TO SOMETHING I DIDN'T DO. NEED SOME INSITE ON HOW THE COURT THINKS ON THESE SORT OF ISSUES.
