How to request any & all information,documentation,notes,evidence etc. Regarding a drunk in public.

Hi.

You can start by contacting the arresting agency and finding out how to request a copy of the police report. Be prepared to identify yourself and supply a booking number if requested.

At the court date, if they file charges, request a public defender. You may apply as your unemployment income may or may not disqualify you.

At the arraignment, you or your attorney will enter a Not Guilty plea. Then go to the prosecutor's office and request all "discovery." They will inform you of their procedure and the timetable.


Lack of Reasonable Support for California DUI Officer's Detection of "Objective" Symptoms

California DUI attorney prosecutors & California DMV seem to believe so-called "objective" symptoms of odor of alcohol, slurred speech and red/bloodshot/glassy eyes are "objective."
That misfounded, subjective belief may not be reality.
California DUI lawyers may fairly show one's claim of objectivity can be subjective.

Odor of Alcohol Unidentifiable & Unrelated to BAC

The odor of alcohol on a driver’s breath is usually the first clue a California DUI officer relies upon to:

• Initially believe that a driver has been drinking alcohol.
• Provide a reason to begin a California DUI/Drunk Driving/DWI investigation.

In a study on the ability to detect alcohol use by odors, 20 experienced DUI officers were asked to detect an alcohol odor from 14 subjects (BAC range 0-0.13%). Subjects were hidden behind a screen and asked to blow through a 6-inch tube, with the police officer’s nose at the end of the tube. DUI officers were unable to identify the beverage type (e.g. beer, wine, bourbon or vodka) and odor strength estimates were unrelated to BAC levels. [Moskowitz H, Burns M, Ferguson S., Police Officers’ Detection of Breath Odors From Alcohol Ingestion. Accid Anal Prev. 1999 May;31(3):175-180, p.175.]

Characterization of Slurred Speech is Subjective

The concept that slurred speech may be an indication of impairment is not new. However, research indicates that the characterization of an individual’s speech as slurred may be more subjective than anticipated.

In a study of the ability of speech to determine degree of alcohol intoxication subjects (light, moderate and heavy drinkers) were asked to speak at three different times: during a learning phase, when sober, and at four BAC levels (3 ascending curve and one descending). Subjects exhibited significant changes in speech as the alcohol level increased. However, the authors warn that these speech patterns “cannot be viewed as universal since a few subjects (about 20%) exhibited no (or negative) changzzes.” [Hollien, H., DeJong, G., Martin, C.A., Schwartz, R., Liljegre, N. K., Effects of Ethanol Intoxication on Speech Suprasegmentals. J Acoust Soc Am. 2001 Dec; 110(6):3198-3206, p. 3198.]

The effect of simulated sober or intoxicated speech was also evaluated, to determine if listeners could determine which utterances were made in the intoxicated condition. Actors were asked to produce several types of controlled utterances at various simulated alcohol levels, during actual alcohol intoxication, and attempting to sound sober when at the highest actual BAC level. Listeners rated the actors as being more intoxicated when the actors were sober but simulating drunkenness (88% more often than when they actually were intoxicated). In a second study, the actors were judged as sounding less inebriated than reality 61% of the time. [Hollien, H., DeJong, G., Martin, C.A., Production of Intoxication States by Actors: Perception by Lay Listeners, J. Forensic Sci. 1998 Nov; 43(6):1153-1162, p.1153.]

In a related paper, researches attempted to determine what speech characteristic lead to the misidentifications in the 1998 study. Four paralinguistic factors were evaluated: fundamental frequency (F0), speaking rate, vocal intensity, and non-fluency level. Non-fluencies were found to be the most significant characteristic of speech.

The information provided above is accurate. You can request the police reports or other documents that support the legality of your arrest from either the arresting agency or the prosecuting agency. Often times the information is only available from the prosecuting agency and only after charges have been filed, be prepared to wait until your arraignment to ask how to get the documents.

While your performance on field tests or the presence of objective symptoms may help the prosecutor, the alcohol levels for proving DUI are usually significantly lower than those necessary to prove a drunk in public. A DUI must demonstrate that your mental or physical abilities are so impaired that you are no longer able to drive a vehicle with the caution of a sober person, using ordinary care, under similar circumstances. A drunk in public charge requires that you be unable to exercise care for your own safety or the safety of others, or by reason of your being under the influence of an intoxicating liquor, drug, controlled substance, toluene, or any combination thereof obstructs or prevents the free use of any street, sidewalk, or other public way. In other words you have to be pretty hammered to be picked up for drunk in public and the prosecutor has to prove it.

Good luck.