Alcohol & Drugs: MIP, MIC, Intoxication 647 (f) pc drunk in public

[lawstudent23]

Jurisdiction

California

So I ended up being taken in and held over night in Anaheim. I was leaving a bar and trying to take a lyft home and got into the wrong car, they got pissed off and called the cops. I tried to explain to them that I was trying to get a lyft home, the cops said nope, you're too drunk you're coming with us instead of a lyft home. Everyone I talked to when I was being released were all saying that it really isn't anything bad, and that I was just too drunk and tried to get into the wrong car. Can I go to the police station and get the police report to read the cops version of what exactly happened? Do I just wait and see if they actual file charges before calling the DA to try to settle or get dismissed? Additionally is there any luck going in and trying to talk to the commanding officer about the situation and see if he is going to send it to the DA or just not file?

This was in Anaheim. Citation shows 647 (f) pc drunk in public.

Thanks

 

[Highwayman]

Why are you quoting a charge in the title of your post when you haven't been charged?

What you do is shut up and don't talk to anyone, especially the police.

If a charge if filed you will find out shortly. That's the time to worry about it and consider hiring an attorney.

 

[adjusterjack]

Citation shows 647 (f) pc drunk in public.

You really are clueless. If you got written a citation, the charges have already been filed.

It's a misdemeanor that carries penalties of up to six months in jail and/or fine of up to $1000.

Even if you get probation the conviction goes on your permanent criminal record where it can be seen by prospective employers.

You need a lawyer.

And you need to get some treatment for your alcoholism.

 

[Michael Wechsler]

Here is the statute pertaining to your 647(f) drunk in public citation.

PENAL CODE OF CALIFORNIA
PART 1. OF CRIMES AND PUNISHMENTS [25 - 680]
TITLE 15. MISCELLANEOUS CRIMES [626 - 653.75]
CHAPTER 2. Of Other and Miscellaneous Offenses [639 - 653.2]
647. Except as provided in paragraph (5) of subdivision (b) and subdivision (l), 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.

As you were told, if a citation was issued it's done. No police officer can or will tear up your ticket because you've explained the situation about how you were drunk but it really wasn't so bad that it warranted another fellow police officer to issue you with a citation. You've got a choice in trying to defend yourself if and when the time comes or, probably a smarter option, retaining a criminal attorney to represent you. With a full legal consultation you'll be able to explain all the facts to your attorney who can then advise you better than we can here. This isn't a small speeding ticket and I'd find it embarrassing and something that may show up on background screening for potential employment. Hearing the way you intend to handle things so far, I'd probably wager that retaining a criminal attorney is a much better bet.