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Drunk in public

Long Beach, CA |

recevied a public intoxciation ticket last night..misdemeanor charge...I have a pending DUI case that I have not been convicted for ....my court date for my DUI is the 22nd (bellflower) of this month while my public intoxication ticket is on the 25th of this month in the long beach courthouse. I know what to expect for my second dui...my main concern is public intoxication ticket which is a misdemeanor...can I get violated if I committed the crime while I was not on probation during the time of the incident for my PI ticket ? I really do not want this on my record as it will look bad on law school applications....and I can't afford an attorney so a geniune response will be appreciated....thanks guys. I expect to plead guilty for my DUI on the 22nd

Attorney Answers 6


  1. Best answer

    Since you can not hire an attorney, you need to use the Public Defender. Your lawyer in that office needs to know about the drunk in public charge. He/she might even be able to get that case moved over to Bellflower for a global settlement. The drunk in public charge can absolutely violate your probation (i'm assuming you're referring to probation on the 1st DUI). If you are asking will it violate your probation on the DUI you will be going to court on on the 22nd, no, it will not violate that as you haven't been convicted of that. The drunk in public COULD violate terms of your OR release on the the 2nd DUI or it could create penalty issues since you may have committed a new offense while out on bail. You should start doing some AA meetings - not just for self-improvement, but for mitigation. Good luck


  2. Fair enough. Law school and multiple misdemeanors are clearly not good. No you should NOT plead to a misdemeanor on the Public Intoxication. Period. See if you can advance the Public Intoxication or continue your date for the plea on the DUI and handle it first. Get an infraction or go to trial. And for purposes of the courts and your law school apps, quit f'n drinking and get into AA. Immediately, or forget law school. Seriously.


  3. If you cant afford an attorney retain a public defender immediately. Law school aint happening if you do these cases without a lawyer.Seriously find an attorney to help you on Monday.

    Jonathan N. Portner, Esquire, Portner & Shure, P.A. Maryland and Virginia Personal Injury Attorneys. This response is general information and not legal advice, and does not create an attorney-client relationship. This response should not be relied upon. Please note that no attorney-client relationship exists between the sender and the recipient of this message in the absence of either (1) a signed fee contract and (2) remission of an agreed-upon retainer. Absent such an agreement and retainer, I am not engaged by you as an attorney, nor is any other member of my law firm


  4. Two DUI’s and a drunk in public is never a good thing. It will make getting accepted into law school and eventually being licensed as an attorney very difficult. At this point you need to pool your resources to fight these charges. Hire an attorney.
    Robert Driessen

    Mr. Driessen is a former Deputy DA in Orange County with over 8 years of criminal law experience. Nothing stated on this site shall in anyway be construed as legal advice, or as creating any attorney client relationship. If you would like to hire Mr. Driessen, feel free to contact him at www.theocduiguy.com.


  5. First off, if you can't afford a private attorney, you need to get a public defender. You cannot be violated if you are not on probation, the court has no jurisdiction over you. However, once you plead guilty to the second time DUI, you will be placed on probation, therefore theoretically you could have your second time DUI probation violated if you plead guilty or no-contest to the drunk in public. You should try to package up the two offenses at the same time or get an infraction on the drunk in public. Is the DUI defensible? How do you know? Did you evaluate it yourself?


  6. If you don't get in any trouble over the next three and a half years, you will still be able to be a lawyer. Like Mr. Michaels said, you have to get any substance abuse issues under control. The stress of law school, then the stress of paying for it once you're done will not help.

    Be honest on all of your applications and later with the bar examiners. I know it's far away, but you'll also want to submit your moral character application early to accommodate any delay. You don't want to pass the bar and then have to wait around for the bar to clear you.

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