Legal Question in Criminal Law in California

Re: Beating a Drunk in Public Charge- Plea bargainable?

from the facts given so far, your fiancee` has a very good chance of successfully defeating the charge and/or plea bargaining it down to a lesser offense. however, you both should contact an attorney asap to discuss your rights and options in this case in far greater detail. any delays could be costly. if you would like a free phone consultation regarding this unfortunate matter, email us today with your contact information.

Re: Beating a Drunk in Public Charge- Plea bargainable?

Thank you for your posting.

I concur that there are some defenses here that would certainly warrant a reduction to something else, if not a win at trial.

As far as the law, "drunk in public" is defined as follows:

"(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 such 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."

The statute also makes this not an offense that affects her license, UNLESS she was within 1000 feet of a residence and somehow connected to a vehicle:

"a court may suspend, for not more than 30 days, the privilege of the person to operate a motor vehicle pursuant to Section 13201.5 of the Vehicle Code for any violation of subdivision (b) that was committed within 1,000 feet of a private residence and with the use of a vehicle. In lieu of the suspension, the court may order a person's privilege to operate a motor vehicle restricted, for not more than six months, to necessary travel to and from the person's place of employment or education. If driving a motor vehicle is necessary to perform the duties of the person's employment, the court may also allow the person to drive in that person's scope of employment."

Note that each of these elements must be proven -- beyond a reasonable doubt -- for the prosecution to make their case, including the requirement that she interfere with use of the street and be a danger to others. These elements alone create defenses if they cannot be proven.

I hope that this information helps, but if you want more information, have further questions, or feel that you need legal representation, please feel free to email me directly at [email protected]. It's my pleasure to assist you in any way that I can.

Re: Beating a Drunk in Public Charge- Plea bargainable?

Can be done but I would not rely upon a public defender to do it. Call me directly at (619) 222-3504.