As a Georgia DUI Lawyer, I tend to focus my posts on DUI in Georgia, DUI related news stories, and offenses that are closely related to DUI. As a Georgia DUI Defense firm, we have dedicated over 50 years of experience to DUI Law in Georgia.
In today's post, I will focus on the law behind disorderly conduct in our state and what the possible consequences are if convicted.
Disorderly Conduct in Georgia
The Georgia Code outlines multiple ways in which a person can commit the offense of disorderly conduct in Georgia.
A person commits the offense of disorderly conduct when such person commits any of the following:
- 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;
- 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;
- 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
- 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. O.C.G.A. §16-11-39.
Disorderly conduct occurs usually because people are concerned and upset at the idea of being arrested. Most people forget that the officer has a job to do or that he is worried about what could happen during the investigation or arrest process.
Disorderly conduct is considered a misdemeanor offense. This means that the penalty can include up to 12 months in jail and a fine up to $1,000. The judge also has the option to sentence a person to a period of probation instead as well as a fines, community service, or even an alcohol awareness class.
Practice Note
Something I have noticed over the years is that officers' expectations have become too high. Therefore, disorderly conduct charges are starting to be unwarrantably given.
If you or a loved one has been arrested for a DUI or disorderly conduct in Georgia, contact a Georgia DUI Attorney today.
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