Legal Question in DUI Law in California

Re: 647(f) - a passanger in a car, Driver arrested

Thank you for your posting.

Absolutely, you should fight it. The gender on your ticket might not be as big a deal as you might think, but it does go to the officer's credibility.

You also have other defense issues that are too long to go into in this forum, but involve the police citing you as part of the arrest of your friend, when you weren't truly violating the letter of the law.

I hope that this information helps, but if you have more questions, wish more information, or feel that you need legal representation, please feel free to email me directly at [email protected]. I am happy to help in any way that I can.

Re: 647(f) - a passanger in a car, Driver arrested

of course. feel free to email me directly if you would like additional legal assistance in this matter.

Re: 647(f) - a passanger in a car, Driver arrested

Wow. Talk about bad luck. Were you being belligerent? It's hard to believe you got arrested like that.

Yes, of course you can and should fight the charge. First and foremost, if you read further into PC sec. 647 --I don't recall the exact subsection-- perhaps (g) or (i), it states that the police SHALL (read: must) take the suspect to a detox center if one is available, and only arrest if one is not. Police never do this, and I have won two 647(f) cases I can recall specifically on that issue alone.

By the way, was there a chemical test? Because the level of drunkenness necessary to violate 647(f) is far greater than that necessary to be DUI. To commit the crime of public drunkenness, one must be a danger to himself or others because of the level of intoxication. Remember, the prosecution must prove this beyond a reasonable doubt.

Next there is the issue of the legality of your arrest. If the detox facility were full and the police did attempt to get you there, then you have the question of whether the police lawfully arrested you without a warrant under the Fourth Amendment, which requires a warrant to arrest or specific circumstances that fall within some narrowly-drawn exceptions to the warrant requirement.

If you would like more information or a free consultation, just call or email me directly at (800)515-0233; [email protected]. (Offices in Fullerton and Ontario.)

Otherwise, good luck to you from now on.

JACQUELINE GOODMAN RUBIO

Attorney at Law