Drunk In Public

[Jbarkley]

What is the name of your state (only U.S. law)? California
My Son was taken to central Jail on a Drunk In Public Charge and detained fro 10 hours. He was neve breathalized or given a sobriety test. The Sherriff who took him in did so becuase my son was the passenger in a car that was stopped in a parking lot for a traffic violation asked him why he thought their vehicle had pot in it when it was obvious that it was coming out og the vehicle behind them also being stopped. the sheriff did not like my son's tone and asked to step out of the car, he cuffed him and took him in. They told him when they released him there would be no fine or jail time can this be correct and what would be the lasting effect if so. they did fingerprint him and take his picture. How can there not be anything to foollow?

 

[BigMistakeFl]

Did they scare him? Are you worried?

 

[HomeGuru]

What is the name of your state (only U.S. law)? California
My Son was taken to central Jail on a Drunk In Public Charge and detained fro 10 hours. He was neve breathalized or given a sobriety test. The Sherriff who took him in did so becuase my son was the passenger in a car that was stopped in a parking lot for a traffic violation asked him why he thought their vehicle had pot in it when it was obvious that it was coming out og the vehicle behind them also being stopped. the sheriff did not like my son's tone and asked to step out of the car, he cuffed him and took him in. They told him when they released him there would be no fine or jail time can this be correct and what would be the lasting effect if so. they did fingerprint him and take his picture. How can there not be anything to foollow?

**A: what is the real story?

 

[Jbarkley]

The real story

That is the real story it was corroborated by several people standing in the parking lot of the convenience store.

 

[BigMistakeFl]

My opinion? They accomplished what they wanted to do. Nothing further is needed.

 

[CdwJava]

My Son was taken to central Jail on a Drunk In Public Charge and detained fro 10 hours.

A typical time frame.

He was neve breathalized or given a sobriety test.

Neither is required, and there is no specific or magical BAC reading that indicates that one is intoxicated for purposes of PC 647(f).

The Sherriff who took him in did so becuase my son was the passenger in a car that was stopped in a parking lot for a traffic violation asked him why he thought their vehicle had pot in it when it was obvious that it was coming out og the vehicle behind them also being stopped.

Apparently it was not "obvious" the deputy.

the sheriff did not like my son's tone and asked to step out of the car, he cuffed him and took him in.

The problem with people who have had too much to drink is they tend to cause problems and they engage their mouth while their brain is on vacation.

They told him when they released him there would be no fine or jail time can this be correct and what would be the lasting effect if so.

Yes. If he is released pursuant to PC 849(b)(2) the "arrest" is seen as a detention only and no further action will be required once released. If he was not issued a citation to go to court, chances are very good that the matter was resolved by the arrest.

- Carl

 

[garrula lingua]

There's a section of the Penal Code in CA which allows a cop to release an 'offender' without charges (849).

Sounds as though that's what happened.

BTW, the cop didn't have to do a BAC test; the opinion of a safety officer who has experience with persons who are too impaired to take care of themselves is sufficient.

A Public Intoxication offense is usually dealt with by just ordering the offender to attend a certain number of Alcoholics Anonymous meetings.

Maybe he would benefit from attending those AA classes voluntarily.