Legal Question in Criminal Law in California
with a pc 647 (f) do they need proof that you where drunk. like a blood test, field test; or breathalizer. and if not those what juristiction do they need to prosecute just suspession or the arresting officers word. i was not stubbling fighting slurring passed out throwing up or wondering ect.
1 Answer from Attorneys
No blood test, field sobriety tests or other analysis is necessary for a public intoxication [PC 647(f)] charge. If the jury is convinced beyond a reasonable doubt that you were so intoxicated that you were unable to care for your safety or the safety of others, that's what it takes.
Can they do that with just the officer's testimony? Yes. Can your attorney fight against it if you weren't in that bad a shape and use the fact that there's no blood test? Absolutely.
Related Questions & Answers
-
If I am cuaght passing a counterfeit 100n dopllar note to a store by the police (I... Asked 10/10/09, 5:42 pm in United States California Criminal Law
-
SORRY!! had to ask if it was legal for the officer to be included in the... Asked 10/09/09, 11:03 pm in United States California Criminal Law
-
Looking for an attorney that can help.In San Diego California. On fixed income.... Asked 10/09/09, 10:48 pm in United States California Criminal Law
-
Is a drug conviction a felony? Would it still be on a background check if it... Asked 10/09/09, 6:02 pm in United States California Criminal Law
-
Last month someone broke into my house and stole my laptop. i filed a report with... Asked 10/09/09, 4:48 pm in United States California Criminal Law
Looking for something else?
10,200 active attorneys ready to answer your legal questions today.
Featured Attorneys
Earn additional revenue and grow your business.
