Legal Question in DUI Law in California

DUI in Oct , arrested for Drunk in Public in July

My husband was charged with a DUI in Riverside CO in Oct.2004. He was put on informal probation. In July 2005, he was arrested in Long Beach for drunk in public. He was released that night on $250. bail. How much trouble is he in when he appears for the drunk in public? We are getting him into rehab, but have to wait a month or so for the funds to do that, so he won't be enrolled at time of court date.


Asked on 8/05/05, 11:36 pm

3 Answers from Attorneys

Reza Bayat Metroform Legal Group

The Devil is in the Details

Your inability to afford rehab will not be a problem if you get an effective attorney to represent your husband's interests and intelligently argue your husband's case. There are many details in the facts of a case and in the law that must be analyzed and formulated into a winning argument. The devil is indeed in the details, but so is the solution. (323) 428-6060

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Answered on 8/08/05, 7:46 pm
Richard Wagner Wagner & Zielinski, A Professional Law Corp.

Re: DUI in Oct , arrested for Drunk in Public in July

It depends on whether the Long Beach City Prosecutors know about the Riverside DUI and have ordered the file from Riverside. It is difficult for the prosection to prove a violation of 647 (F) - drunk in public. Your husband should plead not guilty. If he gets convicted in Long Beach, the Riverside could revoke his probation and give me some jail time.

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Answered on 8/06/05, 9:07 pm
Richard Wagner Wagner & Zielinski, A Professional Law Corp.

Re: DUI in Oct , arrested for Drunk in Public in July

I meant to say give "him" some jail time.

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Answered on 8/06/05, 9:09 pm


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