Legal Question in DUI Law in California

Califonia 647(f) Public Drukeness- no charge filed

I'm still not sure whether I was ''arrested'' or merely ''detained'' but I was let out of the drunk tank in the morning and I'm pretty sure that this was the Officer's intent all along. I'm also very sure that I was not a risk to myself or others and that the police would have a hard time proving that I was. I was however, belligerent, I think this is why I was brought in.

I have 3 Questions:

1) How to I find out if I was arrested or detained?

2) Is there any basis or practicality for claiming false imprisonment/false arrest( I'm not sure what the correct term here is)?

3) Should I being trying to get this expunged? Is it even an option for this type of offense where there's no charge?


Asked on 5/22/08, 6:51 pm

1 Answer from Attorneys
OCEAN BEACH ASSOCIATES OCEAN BEACH ASSOCIATES

Re: Califonia 647(f) Public Drukeness- no charge filed

If you were detained, then there would not be a criminal record to expunge. If you were arrested, you would have been given a ticket with a court date. You probably do not have a civil rights case for police abuse. Contact me directly via my e-mail address.

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Answered on 5/22/08, 7:09 pm


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