Mount Wolf, PA asked in DUI / DWI, Traffic Tickets, Civil Rights and Intellectual Property for Pennsylvania

Q: Can you be charged with public drunkenness if you are sitting in your own car with the keys zippered in your purse?

This happened in York, pennsylvania.

Is the car considered private property? It was parked in a parking lot, doors locked, keys in purse. I was texting looking for a ride. The officer knocked on my window and asked me to step out.

1 Lawyer Answer
James L. Arrasmith
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Answered

A: In Pennsylvania, you can potentially be charged with public drunkenness even in your private vehicle if you're in a public place like a parking lot. The car itself is considered private property, but its location in a public space means you're still technically in public.

When an officer has reasonable suspicion that you're intoxicated in public, they have the authority to investigate - which includes asking you to step out of your vehicle. Even though your keys were secured in your purse and you were being responsible by seeking a ride, Pennsylvania law still considers this situation to fall under public intoxication statutes.

Your best defense in this situation would be to document everything carefully - including the fact that your keys were secured and you were actively seeking alternative transportation. Consider speaking with a legal professional who practices in York County, as they would be familiar with how local courts typically handle these specific circumstances. While this might seem unfair since you were trying to do the right thing, the law primarily focuses on the public location rather than your responsible intentions.

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