Public Intoxication

[jnharte]

What is the name of your state (only U.S. law)? California
I was in a Private Home (Backyard) for a New Years Eve Party, where everyone was drinking. I had not eaten anything the whole day and my good friend had a few people over that were also drinking. I accidentally fell into my good friends kid, not hurting anyone and was asked to leave after his wife called the police. From there I walked a few houses down and entered another New Years Eve party where, again everyone was drinking and I was not causing anyone problems. Come to find out the second house I was at, not knowing this, the owner is a Sheriff for Ventura County. I was no where near a public area when I was detained, causing no problems. Here is my Docket info. If anyone has any suggestions I would love to hear them. This is my first offense and I don't drink. It was New Years Eve. Thank you.

01/02/2013 The 'Defendant Notification of Appearance Date and Own Recognizance Release (PC1318)' form is received from Ventura County Sheriff Department and filed. Booking charge are: PC647(f) .
01/02/2013 Upon conviction assess CJAF fee of $414.82.
01/02/2013 Citation filed on 1/2/2013 00:00:00 by VCSH .
01/02/2013 Misdemeanor charge of 647(f) PC with violation date of 12/31/12 00:00:00 filed as count 1 .
01/02/2013 Case calendared to 03/27/13 at 09:00 AM in 11 for Arraignment First Appearance .

 

[CdwJava]

What is the name of your state (only U.S. law)? California
I was in a Private Home (Backyard) for a New Years Eve Party, where everyone was drinking.

Then you were not IN a "private home." You may well have been in a public place for purposes of this offense.

I had not eaten anything the whole day and my good friend had a few people over that were also drinking. I accidentally fell into my good friends kid, not hurting anyone and was asked to leave after his wife called the police. From there I walked a few houses down and entered another New Years Eve party where, again everyone was drinking and I was not causing anyone problems. Come to find out the second house I was at, not knowing this, the owner is a Sheriff for Ventura County. I was no where near a public area when I was detained, causing no problems.

So you crashed a party at a residence owned by deputy and are surprised you were arrested?

Oh, and as a note, you were definitely "in public" between the two houses, and unless the deputy opted the shelter you in his home he could tell you to leave and you would again be in public.

Only your attorney can evaluate all the facts to determine if there is a viable defense here. Most public intox. cases are not pursued, but some are. When you are arraigned, you can ask for court appointed counsel if you lack the resources for your own attorney. The attorney can review the case and make a recommendation to you as to how to proceed.

 

[Isis1]

What is the name of your state (only U.S. law)? California
I was in a Private Home (Backyard) for a New Years Eve Party, where everyone was drinking. I had not eaten anything the whole day and my good friend had a few people over that were also drinking. I accidentally fell into my good friends kid, not hurting anyone and was asked to leave after his wife called the police. From there I walked a few houses down and entered another New Years Eve party where, again everyone was drinking and I was not causing anyone problems. Come to find out the second house I was at, not knowing this, the owner is a Sheriff for Ventura County. I was no where near a public area when I was detained, causing no problems. Here is my Docket info. If anyone has any suggestions I would love to hear them. This is my first offense and I don't drink. It was New Years Eve. Thank you.

01/02/2013 The 'Defendant Notification of Appearance Date and Own Recognizance Release (PC1318)' form is received from Ventura County Sheriff Department and filed. Booking charge are: PC647(f) .
01/02/2013 Upon conviction assess CJAF fee of $414.82.
01/02/2013 Citation filed on 1/2/2013 00:00:00 by VCSH .
01/02/2013 Misdemeanor charge of 647(f) PC with violation date of 12/31/12 00:00:00 filed as count 1 .
01/02/2013 Case calendared to 03/27/13 at 09:00 AM in 11 for Arraignment First Appearance .

you said you don't drink. um....you were drinking. at the party. the first one. then you traveled from one house to another. which means you were in public at one point.

however, there are instances where this does not apply. you might want to consult with an attorney. i really think you should invest in one for this matter.

 

[jnharte]

Thank you

Thank you..Yes I was drinking at the party..I'm not an avid drinker and considering the event, I have not spent New Years with my friends I've known for over 20 years, so I'm not saying I'm totally innocent, I was in the backyard of his neighbors house the time of the arrest. Didn't crash the party as I was let in by another person at that party (not the owner) I appreciate the feedback

 

[jnharte]

It was more of a surprise..No one had asked me to leave.

Then you were not IN a "private home." You may well have been in a public place for purposes of this offense.


So you crashed a party at a residence owned by deputy and are surprised you were arrested?

Oh, and as a note, you were definitely "in public" between the two houses, and unless the deputy opted the shelter you in his home he could tell you to leave and you would again be in public.

Only your attorney can evaluate all the facts to determine if there is a viable defense here. Most public intox. cases are not pursued, but some are. When you are arraigned, you can ask for court appointed counsel if you lack the resources for your own attorney. The attorney can review the case and make a recommendation to you as to how to proceed.

It was more of a surprise..No one had asked me to leave.

 

[Just Blue]

Why would someone go to a party where they were NOT invited?

I had not eaten anything the whole day

I accidentally fell into my good friends kid

not hurting anyone and was asked to leave after his wife called the police.

From there I walked a few houses down and entered another New Years Eve party where, again everyone was drinking

Come to find out the second house I was at, not knowing this, the owner is a Sheriff for Ventura County.

Oh! yeah! Cause they were drunk and beyond the realization they were causing a problem.

 

[jnharte]

Didn't have a ride home..Buses were not running.

Why would someone go to a party where they were NOT invited?











Oh! yeah! Cause they were drunk and beyond the realization they were causing a problem.

Just looking for positive feedback..It was cold..I wasn't about to walk home..15 miles..It was very inviting, so when I walked up I knocked on the gate, where I was let in.

 

[Just Blue]

Just looking for positive feedback..It was cold..I wasn't about to walk home..15 miles..It was very inviting, so when I walked up I knocked on the gate, where I was let in.

Heres one for ya!!

Can I say...gasp!...TAXI???

New Years + too much booze+ falling on a child + invading a strange Dep. Sheriff home = Prison.

 

[CdwJava]

Fortunately, you are facing a simple public intoxication beef. This is not a big deal and may even be dropped by the DA. But, they might ask you to take diversion such as alcohol counseling and the like in order to avoid any court. So, be prepared.

 

[tranquility]

Fortunately, you are facing a simple public intoxication beef. This is not a big deal and may even be dropped by the DA. But, they might ask you to take diversion such as alcohol counseling and the like in order to avoid any court. So, be prepared.

This is why Carl is so valuable to the list. Practical experience to how things happen. Sure, we can ( and do) argue many legal issues. Heck, he is a cop. But, when he tells you how it is, that is how it is. Of all the posts ( including mine) on this list you should rely on for reality, it is Carl's.

Hold it to your chest and accept it. Sure, you can argue. But, if you don't agree, have a bazillion dollars and a fancy lawyer (who is expensive and smart) to discuss the matter.

I fear the government. (See brave new world or 1984.) But, Carl as the LAW? I'm OK with that.

 

[Eekamouse]

It's true, Carl does rock. I'm not a big fan of cops but Carl is pretty cool in my book.