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Me = PC 69 & intoxicated in public? & Husband = PC 148 & Intoxicated in public?

Sun City, CA |

I was charged with a PC 69. I've never been in trouble & have absolutely no criminal background. What is the usual outcome in this situation? My husband was arrested on the PC 148 charge & intoxicated in public but he is on probation from a previous DUI a year ago in a different county. He's completed all required classes & paid all fines. How will this arrest affect him also?

Attorney Answers 5

  1. Let's talk seriously for a moment.

    Call a lawyer. Make an appointment. Sit down and talk with the lawyer.

    There is no way that anyone can answer your questions based upon a thumbnail sketch like the one posted. There is no "usual outcome" in criminal cases. Too much depends on the specific facts of the case, the individual defendant, and dozens of other factors.

    Your husband should call his lawyer, too.

    Any statements I make in these forums (fora?) should not be taken as direct legal advice, merely informed guidance. This is true due to the anonymous nature of this venue, and the incomplete information which is invariably provided by the questions. It is imperative that you consult directly with an attorney regarding your specific situation before acting on or relying on anything represented here. Period.

  2. You definitely need to sit down and speak with an attorney ASAP! The good news is that PC148 and PC69 have the opposite mental state requirement as PC647(f) - drunk in public. It's legally (almost) impossible to be both, so there is a strong defense here, depending on the specific facts of your case. I highly suggest you and your husband call an attorney. Many here on Avvo offer free consultations.

  3. I agree with the above answers. One issue always in such a case is the degree of injury to the officer. You should look into alcohol treatment as most courts will say two alcohol related arrests means there's an alcohol problem.

  4. You need to seek legal counsel - now! Prosecutors don't take PC69 and 148 lightly. That's not to say they're going to try and throw the book at you. Rather, any time the police bring in a case wherein the police say, "this person / these people endangered us," the prosecution reviews it seriously. Think of it as "an assault on one of our guys" mentality.

    Now, as my colleague pointed out - PC148/69 and 647(f) don't really go together well from a prosecutor's standpoint: they work against each other. So, you may see the prosecutor try and "clean this up" by jettisoning either the 148/69 or the 647(f). Either way, you want to be ready for whatever comes your way.

    As for your husband's DUI probation - you can expect a Violation of Probation (VOP) to be sought. He's probably going to want counsel to help him on that.

    Best thing for you two to do now - start interviewing defense attorneys. Find one you like, can work with, and is knowledgeable.
    Good luck.

  5. You obviously understand the seriousness of the charges your husband and you are facing, otherwise, you would not be posting questions on this site.

    Here is what is in your favor: You have no criminal record--also, the fact that you were intoxicated may be raised as a partial defense.

    As for your husband, the same issues may be raised in terms of intoxication.

    As the other answers have stated, it is vital that you consult with a criminal defense attorney as soon as possible, because knowing all the facts of your case is the first step to analyzing what can be done to get the charges dismissed or reduced. Knowing how the police came to contact you and what their orders were to you is critical. You possibly were not aware they were carrying out their duties due to your level of intoxication, or possibly the police were not acting in a lawful capacity, which would negate the need to comply with their orders.

    Your husband most likely will not be facing a probation violation because the DUI is in another county. The prosecutor and judge will know he is on probation but at least he may not face additional sanctions for that.

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