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PC 647f says; every person who commits any of the following acts is guilty of disorderly conduct, a misdemeanor:
Any person 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.
If convicted of being drunk in public under PC 647f, you may face up to six (6) months in county jail and/or a fine of up to one thousand dollars ($1,000). The ramifications don't stop here. You will have picked up a misdemeanor criminal record which could hurt your chances of entering certain schools or obtaining certain jobs. Wais Azami in Orange County is a criminal lawyer in Santa Ana who defends such cases and makes sure you don't accept a deal without a fight. Protect your rights and your future by hiring a criminal lawyer to fight on your behalf.
1) You were not in a public place, but rather a private place.
2) There is not enough evidence that you were intoxicated as claimed by the law enforcement, and/or
3) Your rights were violated during the arrest while they were investigating the charge of drunk in public.
A public place is a location to which all of the public has access and is not a place exclusively used for a private gathering or any other personal purposes.
Under the influence means you were willfully under the influence of alcohol, drugs, or a controlled substance.
You were unable to exercise care for your own or others' safety, OR
You were interfering with, obstructing, or preventing the free use of a street, sidewalk, or other public path such as hiking trails or beaches.
Basically, public intoxication or being drunk in public means you were unable to care for people as expected in the the norm for that setting or you were interfering with normal life activities of others in public. Our offices in Santa Ana and Seal Beach are ready help defend your rights agains such accusations or charges of being drunk in public.
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Orange County Criminal Defense Attorney
Law Office of Wais Azami
1851 E First St Suite 901, Santa Ana, CA 92705