DRUNK IN PUBLIC (CALIFORNIA PENAL CODE 647(F)): CALIFORNIA PENAL CODE SECTION 647(F) STATES THAT ANY PERSON:
"(f) Who is found in any public place under the influence of intoxicating liquor, any drug, controlled substance...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...interferes with or obstructs or prevents the free use of any street, sidewalk, or other public way."
FIGHT YOUR CASE!
If you are charged with violating Penal Code 647(f) you should strongly consider taking your case to a jury trial. The law defines drunk in public as you are so intoxicated that you are no longer able to care for your own safety or the safety of those who you have a legal obligation to protect or you are so inebriated that you obstruct the free use of any street, public sidewalk or public way.
Many times the police will use this statute to arrest someone when the police believe the person is being combative or argumentative with the officer. Drunk in Public does not prohibit combative or obnoxious behavior, it requires proof beyond a reasonable doubt that you are unable to care for or safety or that you obstructed a public walkway while intoxicated.
Drunk in Public is a misdemeanor and you are entitled to a jury trial to determine your guilt or innocence, unless there are very strong facts indicting that you cannot care for your own safety then you should definitely consider a jury trial. A conviction for a drunk in public can result in jail time, three years of probation, fines and fees, and mostly likely a "no alcohol" term of probation. If you are under 21 years of age and you are convicted of a drunk in public the court will suspend your privilege to drive.
CALL TODAY TO DISCUSS YOUR DRUNK IN PUBLIC ARREST: (530) 342-7755