I'm over 21 years of age.
Real Estate Attorney
California Penal Code 647(f) prohibits being "drunk in public". Simply put, you are "drunk in public" under California law.
The preamble to 647 states, "Except as provided in subdivision (l), every person who
commits any of the following acts is guilty of disorderly conduct, a
misdemeanor...." Subdivision I [probably does not apply to you...it applies to other acts that amount to a felony.]
If your level of intoxication makes you unable to exercise care for your safety or for the safety of others, or your level of intoxication interferes with, obstructs, or prevents others from using streets, sidewalks, or other "public ways".1 A conviction for "drunk in public" can trigger probation, fines, and even incarceration. Worse still, a conviction will go on your permanent criminal record, and can be seen by prospective employers and licensing agencies. Therefore, it is advisable that you do everything possible to avoid this conviction.
Fortunately, there are a variety of defenses that a skilled California criminal defense lawyer could present on your behalf in an effort to reduce or possibly even dismiss your Penal Code 647(f) charge.
This is also an interesting charge because it can be rather hard to prove, unless of course, you had a beer can or worse a bottle of liquor.
1 lawyer agrees
Criminal Defense Attorney
What was the level of intoxication? How can they prove how intoxicated you were? Were you given field sobriety tests? Blood test? Breath test? I suspect the case can be reduced to an infraction and you will be given a deal to get you to plead guilty. Maybe you will get a fine of no more than $250.00 or so but when you add the court costs and penalty assessment, your total could be at least $1,000.00
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