One of the Most Over-Charged Crimes in San Diego

We meet many people who have been arrested for committing crimes in San Diego County. Of all the crimes, “drunk in public” appears to be the most over-charged crime in San Diego. San Diego police officers routinely will arrest someone for being “drunk in public” for a variety of reasons. It usually happens when the citizen does not give in to the police officer’s demands, or when the citizen simply insists on protecting his own constitutional rights, or even when the citizen merely smells like he has had some alcohol recently. The problem is that none of these facts, by themselves or even altogether, are sufficient evidence to convict someone of the crime “drunk in public.”

“Drunk in public” is the common name given to California’s Penal Code 647(f). This code section tells us that, in order to convict a defendant of being drunk in public, the prosecutor must prove that the defendant either:

1. was influenced by alcohol or drugs so strongly that he could not care for himself or others, or
2. was influenced by alcohol or drugs to such a degree that he interfered with the free use of any street or sidewalk. In either situation, the prosecutor must also prove that you were in a public place at the time.

As you can see, simply being drunk, smelling like alcohol, slurring your words, or even being a jerk or a mad drunk (or a happy drunk) is not enough to convict you of being drunk in public. Evidence that you were not “drunk in public,” as the law defines it, would include the fact that you had an intelligible conversation with the San Diego police officer, the fact that you were able to call a cab at the time and remembered your own address so you could tell the cab where to take you. If you could do these things, clearly you were able to care for yourself and others and make sure you ended up back at home safe and sound.

Knowing what you know now, if you have been charged with being “drunk in public,” you need to make sure you hire a knowledgeable and experienced San Diego criminal defense lawyer to fight your case. Seeing as how this is one of the most over-charged crimes in San Diego County, chances are the prosecutor and the cops will not actually be able to prove you are guilty. You need a San Diego criminal defense lawyer to prove that point to them. If you would like to consult with a San Diego criminal defense lawyer, contact Wallin & Klarich today.

If you or someone you love is facing Drunk in Public Charges in San Diego County, please contact Wallin & Klarich today via phone at 1-877-230-1529 or fill out our consultation form for a free evaluation of your San Diego County criminal case.