A judge says Riviera Beach’s “saggy pants” law is unconstitutional in the case of a 17-year-old who spent a night in jail for having his underwear showing.

And a public defender said her office wants to get the law tossed altogether.

Julius Hart was charged Wednesday when an officer spotted him riding his bicycle in the 2800 block of Lakeshore Drive with 4 to 5 inches of blue and black boxer shorts sticking out of his black pants.

A first offense carries a $150 fine or a requirement of community service; only habitual offenders face the possibility of jail time. But, a report said, the charge against Hart meant a violation of his probation on a marijuana possession charge, so he went to jail.

“Somebody help me,” Palm Beach Circuit Judge Paul Moyle said. “We’re not talking about exposure of buttocks. No! We’re talking about someone who has on pants whose underwear are apparently visible to a police officer who then makes an arrest and the basis is he’s then held overnight, no bond. No bond!” the judge exclaimed.

Once again marijuana and bad fashion conspired against better judgment by a cop. At least the judge was sober about it. You can see an illustration of where hiked-up drawers become hiked-up penalties in Flint, Michigan over here.