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 planned on driving, 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?


Asked on 10/14/09, 6:00 pm

1 Answer from Attorneys
Terry A. Nelson Nelson & Lawless

Every case can be fought. Whether you get your desired result depends on your defenses, witnesses, facts, evidence, legal arguments, the attitude of the DA and judge, police report facts, testimony of the arresting officer[s], etc. Your attorney's job is to get the best deal possible from the DA and judge, or take the case to trial, your option. Keep in mind that the police and DA don't invest the time and effort of arresting and charging you, reviewing the case at each stage to determine if they think they can convict you, just to 'drop' it because you disagree with their position. Yes, it sometimes happens, but is not something you can count on or predict. Your case has reasonable arguments that you weren't 'in public', so there is hope. If serious about doing this right, feel free to contact me.

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Answered on 10/14/09, 6:12 pm


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