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  1. #1
    BonnieGraham is offline Junior Member
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    Question My first Drunk In Public - Dropped? Sentence? Fight It? Representation?

    What is the name of your state? California

    This past weekend a friend and I drove to the city in my car,
    I had a lovely Saturday night with quite a few whiskey shots; my friend stuck with beer as he had work in the a.m.
    He drove my car on the way home and I fell asleep in the passenger seat.
    I awoke when the tire blew out.
    We pulled over on the shoulder (coast highway) to check out the damage.
    The tire was mangled & the wheel was bent (and the spare was at home - d'oh!)
    I called AAA roadside from my cell phone and arranged a tow.
    A Sheriff SUV pulled up behind us and my friend alerted me to some warrants he may have under his name.
    I was confident that my record was clean and my only issue was intoxication.
    We both acted in a mature and cooperative manner, and in return were treated with respect and given a heck of a break. (Thanks officers!)
    He was taken into custody for the warrants (no additional charges & released 32 hours later from the holding cell ).
    I was taken into custody for 647(f) misdemeanor drunk in public, sobered up in the "lounge" for 6 hours and was released with paperwork : "without admitting guilt - promise to appear".
    They DIDN'T impound my car ('pfffew!) and neither of us were given breathalyzer / sobriety tests.
    I was asked if I had been drinking and answered truthfully, "Yes, earlier in the night I had some shots of whiskey which is why I wasn't driving and was asleep until the tire blew".
    I am extremely honest to the point of naiveity at times.
    This is the first time I've ever been arrested, so I'm totally at a loss for what to do besides show up and tell the truth.
    What should I expect as far as a sentence?
    Any insight?

    p.s. got 4 new tires before work Monday morning and a new spare ordered. What is the name of your state?
  2. #2
    seniorjudge is offline Senior Member
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    Q: Any insight?

    A: Yes, according to the facts in your post, y'all have serious drug problems. Get help soon.
    There are two rules for success:

    (1) Never tell everything you know.
  3. #3
    BonnieGraham is offline Junior Member
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    seniorjudge needs attention

    "Yes, according to the facts in your post, y'all have serious drug problems. Get help soon."

    I'm sorry SeniorJudge, I was looking for insight on procedures and sentencing for a first offense misdemeanor PC 647(f), not blatantly patronizing commentary on substance abuse.
    The facts I supplied were relevant to my request for legal guidance regarding the 647(f) charge against me, not the reason I drank that night.
    If you want to assess my substance use/abuse, please let me know and I'll get you those facts separately....however, I do have a mother of my own.
  4. #4
    seniorjudge is offline Senior Member
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    Quote Originally Posted by BonnieGraham View Post
    "Yes, according to the facts in your post, y'all have serious drug problems. Get help soon."

    I'm sorry SeniorJudge, I was looking for insight on procedures and sentencing for a first offense misdemeanor PC 647(f), not blatantly patronizing commentary on substance abuse.
    The facts I supplied were relevant to my request for legal guidance regarding the 647(f) charge against me, not the reason I drank that night.
    If you want to assess my substance use/abuse, please let me know and I'll get you those facts separately....however, I do have a mother of my own.
    So, when you asked for "any insight", you meant "I want answers that agree with me."

    Okay, have at it.

    But my answer was correct and legally relevant; if you want to look good before the court, you will need to get a handle on your drug problem.

    It's really immaterial to me whether you agree with me; you asked for insight and I gave you some really good insight.
    There are two rules for success:

    (1) Never tell everything you know.
  5. #5
    BonnieGraham is offline Junior Member
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    I am so confused by your attitude dude....

    If truly, what your advice to me is, "Attending a meeting or getting support for substance abuse will help you in court". Then I beg you, say it without all the passive agressive b.s.

    I read through as many of these threads/posts as I could to find a similar situation to my own and only seldomly were posters harrassed in such a manner. I'm a real 27 year old girl, scared $hitless, and trying to do the best I can.

    Suffice it to say, I've seen this:
    "So, when you asked for "any insight", you meant "I want answers that agree with me." before.....

    I'm just here trying to find out what my mom hasn't already told me.
    She married an alcoholic, I have gotten an earfull ...as in.....guilt trip is taken care of!
    I haven't had a drink since I got out so I'm pretty defensive about your comment.....do you have anything to add that might help me out?
  6. #6
    BonnieGraham is offline Junior Member
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    Looks like SeniorJudge only wants to leave opinions regarding my personal sobriety, I will take the advice for what it is.... but am still wondering....
    Does anyone know what happens when I "appear"?
    What should I expect?
    I hope it's obvious that I will be on time, clean, sober and with no additional charges.
    If anyone can provide insight to the legal process for misdemeanor drunk in public charges, I would greatly appreciate it. In the county I live in (I was arrested in San Mateo County but do not live there) persons taken to the "drunk tank" are not given court dates.
  7. #7
    CdwJava is offline Senior Member
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    Quote Originally Posted by BonnieGraham
    I had a lovely Saturday night with quite a few whiskey shots; my friend stuck with beer as he had work in the a.m.
    The question then becomes: "How MANY beers?" One CAN get drunk on beer, ya know.

    I awoke when the tire blew out. ... We pulled over on the shoulder (coast highway) to check out the damage. The tire was mangled & the wheel was bent
    Hmm ... don't suppose your pal could hit something, maybe? When a tire blows you don't often see rim damage.

    A Sheriff SUV pulled up behind us and my friend alerted me to some warrants he may have under his name.
    Just great!

    They DIDN'T impound my car ('pfffew!) and neither of us were given breathalyzer / sobriety tests.
    A HUGE break! I would've towed the car for safekeeping ... they could have. They saved you somewhere between $200 and $400 (depending on locale and release fees).

    This is the first time I've ever been arrested, so I'm totally at a loss for what to do besides show up and tell the truth.
    What should I expect as far as a sentence?
    You might consider consulting an attorney. However, you can expect probation, counseling, and a fine for a first time public intoxication arrest. While you COULD get 6 months in jail, I have never seen that happen for a first offender.

    - Carl
    A Nor Cal Cop Sergeant

    "Make mine a double mocha ...
    And a croissant!"

    Seek justice,
    Love mercy,
    Walk humbly with your God

    -- Courageous, by Casting Crowns ... http://www.youtube.com/watch?v=pkM-gDcmJeM
  8. #8
    BigMistakeFl is offline Senior Member
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    BigMistakeFl

    I think you caught a break and I think you answered your own question. "Show up and tell the truth".

    Was the rim bend pretty much in one spot, or all around it?
  9. #9
    BonnieGraham is offline Junior Member
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    Hi CdwJava - We have discussed the possibility that he hit something, but he didn't see anything and when I returned the next day to retrieve my car, I looked along the roadside as well and nothing seemed exceptionally logical.
    The rim damage was due at least in part to the stretch of road he had to travel before there was a large enough shoulder; the tears in the tire itself suggest a good distance. We were on Highway one south of Half Moon Bay where cutaways in the hills and bridges over the Pescadero creek nature preserve don't offer much in the way of a shoulder.
    I definitely agree that we were given a huge break, both with the car and the charges filed. The optional consequences would have made a much more drastic impact.
    I appreciate your insight on the likely sentence, my court date is not until June so I have a bit of time to save some extra cash for the probable fine.

    BigMistakeFl. I guess I'm just wondering what truth to omit at this point.
    How much information is necessary, and how much detail is simply annoying.
    Will I be asked questions, asked to tell what happened, or asked to sit quietly and just be present?
    By reading the actual penal code for Drunk in Public, I agree with my charge, as I couldn't safely drive the car with my alcohol level and therefore in need of a ride, whether it be home or to the drunk tank. The wording of "public" is misleading in my case, as it was the accidental tire trouble that caused me to be in "public" at all.
    I will definitely settle for my "lesson" in whatever manner it is presented, I'd just prefer to be prepared.
    To answer your question though, the rim on the car was bent fairly evenly all around.
  10. #10
    BigMistakeFl is offline Senior Member
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    BigMistakeFl

    I just wondered about the rim damage. It sounds like it's a case of drive-on-flat, rather than having hit a curb (for instance). At any rate, you could spend a morning at the courthouse and watch the proceedings to get a good handle on how it works and what to expect. You can always meet with a defense lawyer or two, ask lots of questions, and then decide if you want to fight the charge. It's always better to have a lawyer when you dive into their world in the courtroom.
  11. #11
    BonnieGraham is offline Junior Member
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    Quote Originally Posted by BigMistakeFl View Post
    .... you could spend a morning at the courthouse and watch the proceedings to get a good handle on how it works and what to expect. .
    Thanks for the suggestion. Is there a significant difference between Counties that you are aware of? I live not far (less than 5 miles) from the local courthouse (my county), but the San Mateo County Court I have my "appointment" at is about 60 miles away.
    Driving to Redwood City for my own court date will be necessary, but I'd prefer not to have to drive that far unless I could figure out which judge will hear my case, and check him/her out specifically.

    I do have a friend of a friend who is an attorney, so I'll contact him and ask for a little advice as well. Thanks again though.
  12. #12
    BonnieGraham is offline Junior Member
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    Follow up post

    Good Morning,
    I have read quite a few threads around this forum while patiently awaiting my own fate and thought it appropriate to update my situation once the decision was made.
    This Thursday, 12 days prior to my scheduled appearance, I received a letter from the district attorney to advise that my case had been dismissed based on his review of the police report.
    Thank you for ALL your comments, it took a while for me to acclimate to "Senior Member Humor" and all it's subtleties, but now I can chortle along at the greenest newbie's terror and make fun of their misfortune, grammar, and issues with judgeworthy pretention and legal accuracy!
    To use the vernacular of Mister T.,
    "I pity da fool who don't read no rules before posting."

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