Legal Question in DUI Law in California

I was drunk and my friend was driving me home in my car. I was in the passenger seat. The cops pulled us saying that we had a broken light (false). My friend was given the �breath test�, arrested, and cited for DUI. I was not given a �breath test�. The cops called an ambulance and sent me to the local hospital, saying that I am too drunk to operate the car. I was charged with �Drunk in Public�.

Since I was drunk and did not plan to drive the car, and was being transported from point-A to point-B by a designated driver, there was absolutely no liquor in the car, can I fight and get the CPC 647 (f) charges dismissed?

The incident took place in Irvine-California. Thank you.


Asked on 10/14/09, 5:57 pm

1 Answer from Attorneys
Joe Dane Law Office of Joe Dane

In order for them to convict you of 647(f), they have to be able to prove you were so intoxicated you were unable to care for your own safety. You've got a lot of things in your favor. I'd need to see the police reports and see how they read, but you've got an argument.

I practice in Orange County if you want to discuss representation further. On a misdemeanor like this, you may not be required to appear in court - an attorney can make the appearances on your behalf.

www.joedane.com/about

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Answered on 10/14/09, 6:29 pm


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