On Saturday night, I was arrested for public intoxication, not read my rights, or breathalyzed.

Asked over 1 year ago - Costa Mesa, CA

I was drunk with several others, and would have been the only one taken if one of those others had not spoken up and insisted he be arrested, too. After being documented we were thrown into a chilled holding cell and left there until morning.

Additional information

court date in mid-July

I apologize about the unclarity. My question is,
"If I present the faults that the officers (2) created while taking in my friend and I--we were drunk with about 10 others and just happened to be closest to them--what is likely to be my punishment? A fine? Community service? I live in Southern California."

Attorney answers (3)

  1. Stephen Troy Allen

    Contributor Level 15

    2

    Lawyers agree

    Answered . what is your question? I doubt charges will be filed unless you were unable to stand on your own.. Did they question you? If you were not driving, law enforcement does not generally give you a breath test - If you have questions, get a free consultation with an attorney but there is not many facts indicated here to know whether or not charges will be filed. If you received a "ticket" it does not mean charges will necessarily be filed. Good luck.

  2. David Isaac Hammond

    Pro

    Contributor Level 12

    2

    Lawyers agree

    Answered . I'm not sure of your question either. The fact that you were not read your rights or breathalyzed is not on it own; now is being thrown into a cold jail cell. If you are under the age of 21; or the officer says you were unable to care for yourself charges can be filed.

  3. Sharon Paris Babakhan

    Contributor Level 15

    2

    Lawyers agree

    Answered . Public intoxication is a low level crime but there are missing puzzle pieces. If the officers questioned you without reading your rights then that's a problem. How were you behaving before being arrested. Most of the time it's your body language telling the officers that you are intoxicated. Did you receive a ticket. An attorney can find out about the details and in some cases may even be able to convince the DA not to file charges against you specially for such a low level crime. Most of us offer free consultation. Call us.

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