Legal Question in Criminal Law in California

Drunk in Public

I had called the cops to request a drive to my car which was ony 5 to 7 miles away. I told the cops that I needed a ride because I had a fight with my fiance and all I needed was a ride to my car to get home. The cops was more instrested on trying to get my fiance name and address then trying to take me to my car. I told the officer that I will not tell him his name and if they were not going to take me to my car then I will ask for a ride (which my friend offer to pick me up) Well ended up that the officers were so upset that I did not provide my fiance name that they arrested me beause according to him I smell like alchohol. I did have one drink. He did not test me or read my rights. I asked me to please let me call my friend and that she will pick me up when they did allow me to call her they just grab the phone from my hand and started talking to her and ask for my fiance name. My friend did not provide any name she offer to pick me up and they refuse. I was booked for 13 hours. My question to you is that can this be removed of my record /or get it sponged out? And should I file not guilty for the charges. I work in HR and I dont want to have problems with my background if I choose to work somewhere else. Please help.


Asked on 9/07/07, 2:38 pm

4 Answers from Attorneys
Terry A. Nelson Nelson & Lawless

Re: Drunk in Public

What made you think the police were a 'dial a ride' service?

A guilty plea will result in a record, but after one to three years it might be eligible for expungement. Instead, get an attorney to defend you or get a favorable plea bargain.

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Answered on 9/07/07, 6:03 pm
Scott Linden Scott H. Linden, Esq.

Re: Drunk in Public

If any formal charges are made, you should be able to get the charges reduced. If no testing was given to you, the first question that needs to be answered is your age. If you're over 21, they will have a few problems getting any charges to sick, unless you were causing a disturbance, which it sounds like you were not.

Despite what other counsel has stated, if they booked you, there is a high probability that they will file charges. Remember, the court system is just another way for the state to make money...and (sadly) it's all about money.

You're a little inland, but we're in Pasadena if you need assistance. I can be reached at the info provided by LawGuru as well as through one of our firms sites. We're located at ImInnocent.com and also at No-Probate.com.

Namaste,

Scott

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Answered on 9/07/07, 7:53 pm
Michael Stone Law Offices of Michael B. Stone Toll Free 1-855-USE-MIKE

Re: Drunk in Public

I doubt there will be any formal charges. Next time you need a ride, call a cab.

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Answered on 9/07/07, 2:41 pm
Steven Mandell Law Offices of Steven R. Mandell

Re: Drunk in Public

You should consult with an attorney experienced in criminal law as soon as you can because there is a possibility that early intervention in this matter can prevent the charges from being filed at all. Drunk in public charges are notoriously easy to allege if the officer(s) choose to exaggerate your condition at the time of their contact with you. But, your story sounds credible, and a prosecutor should hear it BEFORE they review the charges and decide about filing them. So the sooner you take action, the better the chance of avoiding the filing of charges. Of course, if charges are filed against you, you should plead not guilty. But if they are filed, you are going to need an attorney to represent you, so the earlier that you consult with a lawyer, the better it will be for you. If you'd like to talk to me about this, don't hesitate to contact me. Good luck. Steve Mandell

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Answered on 9/07/07, 2:46 pm


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