Arrested for DUI? Find Out What Everyone Should Know Before Talking to the Judge, Hiring an Attorney, Pleading Guilty or Going to Trial.
Drunk in Public is a common umbrella upon which many innocent folks are arrested under. However, for a conviction to be upheld there must be a very high degree of intoxication to the point that you can not take care of yourself or you are causing a danger to others. As an example, a person might be found guilty of Drunk in Public if they are so intoxicated that they are passed out in the gutter or they are running blindly in traffic. We specialize in alcohol related offenses.
Penal Code 647(f)
(f) Who is found in any public place under the influence of intoxicating liquor, any drug, controlled substance, toluene, or any combination of any intoxicating liquor, drug, controlled substance, or toluene, in a condition that he or she is unable to exercise care for his or her own safety or the safety of others, or by reason of his or her being under the influence of intoxicating liquor, any drug, controlled substance, toluene, or any combination of any intoxicating liquor, drug, or toluene, interferes with or obstructs or prevents the free use of any street, sidewalk, or other public way.
2966. Disorderly Conduct: Under the Influence in Public (Pen. Code, § 647(f)) The defendant is charged [in Count ] with being under the influence of (alcohol/ [and/or] a drug) in public [in violation of Penal Code section 647(f)]. To prove that the defendant is guilty of this crime, the People must prove that:
1. The defendant was willfully under the influence of (alcohol[,]/ [and/or] a drug[,]/ [and/or] a controlled substance[,]/ [and/or] toluene);
2. When the defendant was under the influence, (he/she) was in a public place;
AND [3. The defendant was unable to exercise care for (his/her) own safety[or the safety of others].]
[3. Because the defendant was under the influence, (he/she) interfered with, obstructed, or prevented the free use of a street, sidewalk, or other public way.] Someone commits an act willfully when he or she does it willingly or on purpose. As used here, a public place is a place that is open and accessible to anyone who wishes to go there.
Patrick J. Silva - Attorney at Law
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