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Public intoxication

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btgc

Junior Member
undefinedWhat is the name of your state? California.
This event happened to my brother on August 10th of this year.

After stepping out of a bar in Morro Bay, CA, (after a half of a beer) my brother was approached by a police officer and asked where he was staying. My brother stated at the Motel 6 (him and my father had only moved to the state approximately a week ago) and tilted his head to the left. This is part of his typical mannerisims when speaking to someone. The officer said, "The Motel 6 is the other way. I believe your drunk. Turn around." At this point the officer placed handcuffs on him and took him to jail where he stayed for 8 hours. The officer did not ask any other questions and there were not an qualitative tests performed to determine if my brother was drunk.

It does not appear to me there was much justification for this arrest other than the fact that he was leaving a bar and he tilted his head in one direction that happened to be the opposite of where his hotel was. The officer did not ask where the hotel was, how much he had to drink or any other pertentant questions. I have looked for legal statutes that may be useful in his defense but I could not find them online.

I'd appreciate any advice any of you could offer.
 


CdwJava

Senior Member
Here is the Penal Code for PC 647(f) (Public Intoxication):

647. Every person who commits any of the following acts is guilty
of disorderly conduct, a misdemeanor:

(f) Who is found in any public place under the influence of
intoxicating liquor, any drug, controlled substance, toluene, or any
combination of any intoxicating liquor, drug, controlled substance,
or toluene, in a condition that he or she is unable to exercise care
for his or her own safety or the safety of others, or by reason of
his or her being under the influence of intoxicating liquor, any
drug, controlled substance, toluene, or any combination of any
intoxicating liquor, drug, or toluene, interferes with or obstructs
or prevents the free use of any street, sidewalk, or other public
way.


The offense can generally be established by the officer articulating specific objective symptoms of intoxication including balance, speech, mannerisms, odor of alcohol, slurred speech, eyes, demeanor, activity, etc.

Fortunately, most such arrests do not result in a criminal prosecution. Unless he was issued a citation to appear in court he was probably released when he sobered up per PC 849(b)(2):

Any peace officer may release from custody, instead of taking such person before a magistrate, any person arrested without a warrant whenever the person arrested was arrested for intoxication only, and no further proceedings are desirable.

So, it may be all done.

- Carl
 

btgc

Junior Member
There is a court date

"Any peace officer may release from custody, instead of taking such person before a magistrate, any person arrested without a warrant whenever the person arrested was arrested for intoxication only, and no further proceedings are desirable.

So, it may be all done."

He does have a court date set for the end of the month. It sounds like from what you sent from the Penal Code that it is based on the officer's observations. But it seems that there wasn't much, other than the one question I mentioned in my initial post, to base a judgement on. Would that be much a defense...bringing up the lack questions asked to determine my brother's state of impairment?

Thanks
 

CdwJava

Senior Member
btgc said:
He does have a court date set for the end of the month. It sounds like from what you sent from the Penal Code that it is based on the officer's observations. But it seems that there wasn't much, other than the one question I mentioned in my initial post, to base a judgement on. Would that be much a defense...bringing up the lack questions asked to determine my brother's state of impairment?

Thanks
No test or evaluation is required. If you weren't present, then you do not know what the officer saw.

Yes, it is largely based upon the officer's observations and articulations of the objective symptoms of intoxication, AND the suspect's apparent inability to adequately care for his own safety or for the safety of others. If the officer observed hims tumbling, staggering, confused, slurring speech, or signficant combinations of those and other symptoms, he is well within his rights to make the arrest.

Most the time these cases are not prosecuted. If they ARE prosecuting it, there may be something more to the arrest. Your brother's version of events MAY be a little lacking.

- Carl
 

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