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  #1  
Old 08-21-2003, 02:29 AM
Ender_Will Ender_Will is offline
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CA legal Q: Drunk in Public penalties

Last weekend, one of my friends managed to get himself arrested for being drunk in public. He was arrested, booked, taken to the county jail, held in the "drunk tank" for about 12 hours, and released with a court date set for next month, which he plans on attending. He's 18, has no priors, not even traffic violations.
What sort of penalties are likely? Or does this vary wildly depending on DA?
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  #2  
Old 08-21-2003, 02:46 AM
david630 david630 is offline
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I got arrested in Santa Barbara for the same thing. I was also 18 with no priors. I got fined 500 and they knocked down the charge from a misdomenor to an infraction. Make sure though he goes to court becasue I didnt the first time and had to pay an extra 200.
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Old 08-21-2003, 03:02 AM
Incubus Incubus is offline
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What exactly entails 'Drunk in public' ? I mean, for them to just handcuff anyone who is inebrated on the street seems a little ludicrous- doesn't it have to do with your state of drunkeness disturbing other people? (by vomiting/peeing on them, acting threatening, etc)
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Old 08-21-2003, 05:45 AM
corndog man corndog man is offline
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I was watching COPS once (I forget the city) where two policemen were making two arrests for some minor charge (fighting, etc.) Some dude was walking down the street with a Budweiser can in his hand enjoying the glow. This guy was just passing through on the sidewalk oblivious, quiet as a church mouse. Of course, the asshole cops arrested him for public drunkenness. I felt sorry for the guy.

Public drunk is really no big deal. BS charge.
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Old 08-21-2003, 10:36 AM
handy handy is offline
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My friend one time went up to a house in california to ask them to call a taxi for a ride home, but the person called the cops instead & the same thing happened. You look in the phone book & get a lawyer, they should be about $750.00 for this sort of thing, with a short free initial discussion. The one they picked didn't show up for the first court appearance though, saying it wasn't necessary-- but I don't believe so.

Ender_Will, your friend should talk to a lawyer about this.
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Old 08-21-2003, 11:15 AM
MaryEFoo MaryEFoo is offline
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An acquaintance of mine got arrested at the Fairmont Hotel for being drunk, plus when the Fairmont security moved to handle him he pulled out a knife, plus when they backed up he came toward them with the knife, plus "terrorist threats" -- the last really bumped up the bail and makes you wonder what exactly he said.

He had no priors. He got a Public Defender and very precisely followed all the advice; and when sober he knows exactly how to present himself, for instance in court. I don't know whether any charges were dropped. He got probation.

He also meticulously met all conditions of probation. His 24 hours in jail didn't involve any of the added punishments some people advocate, but the difference between his being locked up vs being in charge of his life was enormous to him.
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  #7  
Old 08-21-2003, 11:41 AM
Killuminati Killuminati is offline
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I got a public drunkeness charge in New Orleans about a block away from Bourbon Street. I had to spend the night in opp : orleans parish prison it sucked, I got out the next day and went to court and had to pay 130.00 fine. I was also charges with lewd conduct, it was bullshit. Fuck the NOPD
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Old 08-21-2003, 11:54 AM
Shagnasty Shagnasty is offline
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Quote:
Originally posted by Killuminati
I got a public drunkeness charge in New Orleans about a block away from Bourbon Street. I had to spend the night in opp : orleans parish prison it sucked, I got out the next day and went to court and had to pay 130.00 fine. I was also charges with lewd conduct, it was bullshit. Fuck the NOPD
How in the hell do you get arrested for public drunkeness in New Orleans ? Something like 75% of the people around you would be wasted beyond recognition themselves so why did they single you out? There must be something else to that story.
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  #9  
Old 08-22-2003, 04:48 PM
Ender_Will Ender_Will is offline
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david630, when did you get your D.I.P.? I (and my friend) am in Santa Barbara, so you probably have the most similar experience, I would assume.
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  #10  
Old 08-22-2003, 05:22 PM
handy handy is offline
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How about for SB:
PUBLIC INTOXICATION (Section 647(f) Penal Code)Public intoxication is the inability to care for the safety of self or others.
http://www.sbcc.cc.ca.us/personalcou...ex.cfm?sec=835

* Booked into County Jail for a minimum of 6 hours.
* If under the age of 21, mandatory court appearance and license suspension.


This is for a DUI driving in SB for comparsion. My are they strict, you can refer to that URL fo a full list:

3. You will be handcuffed and put in a police car and taken to jail.

4. Your car will be towed away($100 bail)

5. You will spend the night in jail.

6. You will not be allowed to drive for 4 months, no exceptions.

7. You should hire a lawyer. ($500-$1,000)

9. You will have to pay a fine. ($1,500)

10. You will have to do community service (2 weekends of picking up garbage on the highway)

11. You will have to go to "Alcohol Awareness" school one night a week for 15 weeks. ($400 tuition)

12. You will have to attend several Alcoholics Anonymous meetings.

13. You will be placed on probation for 3years, during which time;
a) If you are ever caught driving with any traceable amount of alcohol in your system( even.0000000001), you will be given another Drunk Driving ticket and you will have to repeat steps 1-12.

b) You will be required by law to show proof of car insurance. Now that you are a convicted drunk driver, your insurance rate will now be approximately $4,000 a year!

http://www.santabarbara.com/communit...fety_rules.asp
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  #11  
Old 08-23-2003, 10:09 AM
handy handy is offline
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One thing Im curious about is this:
" * If under the age of 21, mandatory court appearance and license suspension."

Why would they take your license if you're walking?
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  #12  
Old 08-23-2003, 10:57 AM
pkbites pkbites is offline
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Re: CA legal Q: Drunk in Public penalties

Quote:
Originally posted by Ender_Will
He's 18

Did this jump out at anyone? He could be charged with a couple things here.
We don't have a "Public intoxication" statute here, though I wish there was. Selective enforcement would surely be the rule of thumb on it, but I still wish we had one. At one time there was a "plain drunk" ordinance, but it was gutted.
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