Drunk in Public - What can I do?

[schunt1]

What is the name of your state? CA

My friend was driving us home and he was pulled over and arrested for a DUI. We were both drunk, but not out of control. The officer asked me a few questions and I politely answered them. I asked the officer if I could walk just down the street to my friend's house and he told me I couldn't walk but he would give me a ride. When an extra car came the officer wanted to place me in the back seat. I told the officer politely that didn't want to sit in the back because I didn't think it was safe. He assured me it was safe, but I was scared and I didn't feel comfortable getting in the back. I told him I would ride in the front, but he said there was stuff in the front seat. Because I refused to get in the back seat, they placed cuffs on me and put me in the back of the other car with my buddy. I was not in posession of alcohol and not acting out of control or causing harm to myself or anyone else.

They gave me a ticket at the station for being drunk in public (PC 647 F) and my other friend picked me up, all within an hour.

So, I know there's not much I can do but I'm just curious as to whether or not I should contest the charge. Should I plead guilty, not guilty, or make a plea bargain? Will this affect my inssurance? And how much should I expect to pay if the charge is not dismissed?

 

[seniorjudge]

What would be your defense to the charge?

 

[CdwJava]

When an extra car came the officer wanted to place me in the back seat. I told the officer politely that didn't want to sit in the back because I didn't think it was safe.

You're lucky they even made the offer - we aren't a taxi service. And, apparently, you were intoxicated enough that the first officer did not think it was safe for you to walk to the friend's house.

In almost ALL cases, an officer would get reamed by his boss (people like me) for putting someone in the front seat when transporting them. It is the back seat, politely, for a courtesy transport ... or, if not free to walk on their own, in the back seat to jail.

Because I refused to get in the back seat, they placed cuffs on me and put me in the back of the other car with my buddy. I was not in posession of alcohol and not acting out of control or causing harm to myself or anyone else.

I would assume that the officer has a different opinion of your behavior. But, if it goes to trial (and it probably won't) you will have a chance to tell your side.

So, I know there's not much I can do but I'm just curious as to whether or not I should contest the charge. Should I plead guilty, not guilty, or make a plea bargain? Will this affect my inssurance? And how much should I expect to pay if the charge is not dismissed?

It shouldn't effect your insurance. And depending on the county you live in, you may never have to go to court. Most courts in CA tend to dismiss these charges unless there are some extraordinary circumstances.

And I am not sure of the potential fines, but probation and jail time are possibilities - as is a 30 day license suspension.

If you are charged, contact an attorney.

- Carl

 

[schunt1]

What would be your defense to the charge?

Well, I was drunk, and I was in public, so I am guilty, however silly it may sound. I guess my defense would simply be an explanation of the story, and hope the judge understands I wasn't acting out of conduct.

I would assume that the officer has a different opinion of your behavior. But, if it goes to trial (and it probably won't) you will have a chance to tell your side.

I'm assuming the trial happens on a selected date after I appear in court if I choose to plead "not guilty".

It shouldn't effect your insurance. And depending on the county you live in, you may never have to go to court. Most courts in CA tend to dismiss these charges unless there are some extraordinary circumstances.

I live in South Orange County. But do you mean some county courts will send a notice in the mail, following the citation, that says wether or not I have to appear in court? Certainly this isn't any extraordinary circumstance. I mean, wasn't thrown in jail or locked in any drunk tank.

And I am not sure of the potential fines, but probation and jail time are possibilities - as is a 30 day license suspension.

Probation? Jail time? 30 day license suspension? Sounds a little extreme for what actually happened. I could understand if I was drunk in a street running in circles or mouthing off to officers.

If you are charged, contact an attorney.

Doesn't the citation mean I've been charged? Or am I charged after I appear in court on or before the day it says to? If so, is that when I would need to contact an attorney?

 

[seniorjudge]

"...Well, I was drunk, and I was in public, so I am guilty, however silly it may sound. I guess my defense would simply be an explanation of the story, and hope the judge understands I wasn't acting out of conduct...."

This is not a defense. It is a guilty plea with an explanation.

 

[CdwJava]

I'm assuming the trial happens on a selected date after I appear in court if I choose to plead "not guilty".

Yes.

I live in South Orange County. But do you mean some county courts will send a notice in the mail, following the citation, that says wether or not I have to appear in court? Certainly this isn't any extraordinary circumstance. I mean, wasn't thrown in jail or locked in any drunk tank.

Yes. Sometimes the DA will choose not to press charges for any one of a host of reasons. But, lacking any further written documentation from the court, do NOT miss the court appearance on your citation. It's also possible that the case will be dismissed at that time and deemed a detention only per PC 849(b).

Probation? Jail time? 30 day license suspension? Sounds a little extreme for what actually happened. I could understand if I was drunk in a street running in circles or mouthing off to officers.

It rarely happens, but it IS possible. Usually, unless you are a repeat offender or were a complete a-hole, you will not be prosecuted. But, I have never worked in Orange County so they might be more inclined to go for a conviction to probation and a fine - or maybe deferral. I just don't know.

Doesn't the citation mean I've been charged? Or am I charged after I appear in court on or before the day it says to? If so, is that when I would need to contact an attorney?

The citation means that you are being released on your promise to appear in court. You should consult an attorney as soon as possible if you can afford one. Or, you can wait for the court date (the arraignment) and the court can appoint a public defender if you cannot afford your own.

- Carl