Ana Luisa Guity-Baltazar, a Georgia woman, was arrested on disorderly conduct charges after allegedly screaming at a McDonald's employee when she was informed that there would be a wait for the apple pie she had just ordered. She started angrily walking at the employee clenching her fists intimating that she would hit her.
Fortunately, no one was hurt during the incident, and police arrested Guity-Baltazar without further incident.
As a Georgia DUI Attorney, I handle all sorts of criminal offenses. Disorderly conduct cases typically involve alcohol or some other regular form of disturbance - not so much a charge for an incident at a fast food restaurant. Nonetheless, I will outline the offense in today's post.
Disorderly Conduct in Georgia
Disorderly Conduct is one of the most commonly charged offenses in Georgia. I refer to Disorderly Conduct is a catchall provision as it is often used by officers when confronted with a person they wish to detain whether for the purposes of public safety or to prevent a person from further interfering with an investigation. It can also be charged against a person to simply “teach a lesson.”
I've discovered that police use it when they are upset with someone's conduct. I doubt that it should ever be charged in the first place because no actual “law” has been broken.
Disorderly Conduct in Georgia is defined by law as when a person:
(1) Acts in a violent or tumultuous manner toward another person whereby such person is placed in reasonable fear of the safety of such person's life, limb, or health;
(2) Acts in a violent or tumultuous manner toward another person whereby the property of such person is placed in danger of being damaged or destroyed;
(3) Without provocation, uses to or of another person in such other person's presence, opprobrious or abusive words which by their very utterance tend to incite to an immediate breach of the peace, that is to say, words which as a matter of common knowledge and under ordinary circumstances will, when used to or of another person in such other person's presence, naturally tend to provoke violent resentment, that is, words commonly called "fighting words"; or
(4) Without provocation, uses obscene and vulgar or profane language in the presence of or by telephone to a person under the age of 14 years which threatens an immediate breach of the peace.
Disorderly Conduct is classified as an offense against the public order, privacy, or safety. It is considered a misdemeanor offense in Georgia. This means that it can be penalized by up to 12 months in jail and a fine up to $1,000.
Disorderly Conduct charges often accompany DUI in Georgia. This is because people tend to interfere with officers when they believe they may be arrested.
The reality is that regardless of the charge - an arrest has a permanent affect on a person's life. This is where we step in. A Georgia DUI Lawyer can show you what options are available to you. We can help resolve your case in a way to avoid a conviction.
Contact our offices today.