Legal Question in Criminal Law in California

Public Intoxication

I was arrested 2 months ago for a PC647(F) in Newport Beach. I had been drinking and was extreamly tired from work/sickness and was walking home. I fell asleep on the beach and was awoken by the arresting officer. This is also how the police report reads, no endangerment to others/property/anything. The two things that bother me is according to the police report there was no record of me being read my rights. And while finding me asleep there was no concern of my health to drive me home (5 blocks) or to a hospital. I am representing myself currently and going to enter a plea of not guilty tomorrow in court(12/3/02) and then seek council. Would Deferred Adjudication be a good plea to get this taken care of quicker and over? I don't want this on my record but understand its a serious charge.


Asked on 12/02/02, 3:05 pm

4 Answers from Attorneys
David Diamond Diamond & Associates

Re: Public Intoxication

Please contact our offices immediately at 1-866-You-Are-Innocent in order to discuss the details of your case.

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Answered on 12/03/02, 6:25 pm
Benjamin Berger Berger-Harrison, A Professional Corporation

Re: Public Intoxication

I live and work in Newport Beach. Feel free to give me a call on my cell phone to discuss your case.

-Ben

949.278.5220

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Answered on 12/02/02, 3:25 pm
Terry A. Nelson Nelson & Lawless

Re: Public Intoxication

If your concern is keeping your record clean, rather than minimizing the cost, there are ways of accomplishing what you want. Contact me if interested in discussing the situation and various costs. LMy practice is in OC.

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Answered on 12/02/02, 3:59 pm
Robert Miller Robert L. Miller & Associates, A Law Corporation

Re: Public Intoxication

Thank you for your posting. You stated that according to the police report there was no mention of you being read your rights. Were you read your rights, or did it just not state so in the police report? You should know that the 5th amendment advisements, or Miranda warnings, do not apply to objective evidence of intoxication, and only apply during interrogation in custody. The remedy is to exclude self incriminatory statements you may have made in custody.

The police have a duty under civil laws to prevent foreseeable harm to you, but again, without any harm befalling you, you don't have the right to assert this civil claim, and this is not a civil defense.

This doesn't mean that you don't have defenses -- I have handled many drunk in public cases against the Newport Beach Police Department, and I know that they are aggressive in citing and filing cases. With the proper review for all factual and legal defenses, and an experienced attorney in court to fight the D.A., you will have many avenues available to fight this case.

Although I can't imagine representing myself in such a case, you may have experience that I am not familiar with. The judge will take a "Harvey" waiver, to see if you are competent, and fully understand your rights, before you are allowed to represent yourself.

I am on the limited means panel at Harbor (Newport Beach) court, and if you'd like help, I can offer you the court panel rate. Just email me directly at [email protected], or feel free to call my office at 714-568-1560.

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Answered on 12/02/02, 6:09 pm


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