CA: Public Intoxication. Incorrect information on Citation.

[Synergy982]

What is the name of your state?What is the name of your state?What is the name of your state? California

I had a lot to drink on a friday night at a friend's house and decided to take a walk to get some fresh air. Next thing you know I'm passed out on the sidewalk and when I awake the police are arresting me for Public Intoxication. They put me in a holding cell to sober up and upon release I'm issued a citation for Public Intoxication.

On the citation it appears that I gave them my brothers name instead of mine and one of my older street addresses ( with the city, state, and zip being correct). I guess I was that intoxicated...

The following week I goto the police station so that I can get the citation corrected. I explain to the person to the desk that I was intoxicated when the arresting officer was asking for my information and that I had to get it fixed. I give them the correct information and leave the station.

A few days later a surprisingly nice and polite Detective calls me up at my phone and tells me that he will have to contact my brother about giving his name to the police officer instead of my own name and that he will ask my brother if he would like to press charges against me.

He calls my brother and my brother doesn't press charges against me. The next day the detective calls me up again telling me that I have to goto the police station again so that I they can reissue me a new citation with all of the correct information and that I would also have a "false information charge" (a misdemeanor) included with the public intoxication charge. The detective told me that it was a felony to lie to the police officer, but that he will bring the charge down to just " false information".

I still have a few days before I go into the police station to get reissued the citation, so my question is: Is there anything I can do to get out of the charges? Maybe there is some loophole with incorrect information on citations? I know it's a long shot.

This is my first misdeameanor and I'm not sure what to do. I'm thinking about getting a lawyer, but I personally don't know of any. All of the law offices that I have called up just puts me on an answering machine, so it's a bit frustrating. I'm part of a Union that pays for some legal services, fyi. Like I said, I have never been in trouble by the law and I'm really looking for some direction about what to do and on how to find a good lawyer.

Also, if found guilty around how much will I be fined? I hear it's up to $1000.

Thanks for reading.

[poohmantbb]

The incorrect info they put on the citation is the false name you gave them. I couldn't imagine a loophole there. You may want to get a defense attorney to "test-a-lie" to work a deal.

[LSCAP]

Get the lawyer.
Obviously you were still drunk when they released you and gave you the citation.

To give a ticket the person must be sane, sober and of legal age.

[Curt581]

Originally Posted by LSCAP

To give a ticket the person must be sane, sober and of legal age.

Really?

What about 600+ the DUI citations I've issued over the last 15 years?

Are they ALL invalid because the person wasn't sober?

What about the minor in possession citations?

I'd be very interested in a link to that specific statute.

[Shay-Pari'e]

[quote=LSCAP]Get the lawyer.
Obviously you were still drunk when they released you and gave you the citation.

To give a ticket the person must be sane, sober and of legal age.

(QUOTE)To give a ticket the person must be sane, sober and of legal age(QUOTE)

Are you insane? Do you even know what your talking about?

[CdwJava]

Furnishing false information to a peace officer is a criminal offense (a misdemanor) in CA. If your brother had been arrested or criminally charged, you could be charged with additional offenses. Fortunately, you tried to do the right thing but you may ened up with the additional charge anyway.

Next time, watch your liquor consumption.

Oh, and being drunk is not going to be a defense to the charge.

- Carl