2 months ago I was arrested for being "drunk in public."?

Question

I was at a club where my friends were buying me drinks. I went to by one round (6 drinks) and when I returned to close out my tab the bartender said it was 1500 dollars. I got in an argument and was thrown to the police. The manager of the club told the police I was drunk and that I didn't want to pay my tab. The police arrested me without question. I spent 26 hours in jail because a prior warrant was discovered. I owed 1400 dollars for another fine that I assesed two years ago for a DUI that was reduced to a wreckless driving violoation. With this conviction I was placed on probation. Any alcohol violation would violate my probation. I had two seperate court dates. My public defender advised me to plead not guilty, because when I was arrested they only took one measurement of alcohol. (B.A.L. .28). I paid the money owed the day I went to court. The warrant has now been taken care of, but my question is what will happen if I am convicted of this violation and do I have a case?

I live in California. I am on a summary probation. I am fighting the drunk in public at a different court house then the one I was put on probation by.

Answer 1

Bench probation is standard in all misdemeanor cases, very rarely will you get in trouble for it. However in this case it appears they are aggressively pursuing the charge which I find odd for a drunk in public. I would say you are charged with PC 647 (f) disorderly conduct as with most misdemeanors you can be confined for a year with hefty fines. I think the reason your attorney is telling you to plead not guilty is to leave some room for plea bargaining. He may be able to plea away the drunk in public for a violation of probation, they may even want you to pay the disputed bar tab. I have never seen a drunk in public vigorously pursued before, they are generally a case of dry out and kick out, unless you are a repeat offender then treatment comes into play.

Answer 2

Drunk In Public Or Public Intoxication Is HARD To Disprove, Nost Officers Are Trained In several Methods Of Determining If Some One Is Under The Influence. But If They Took A B.A.L And It was .28 You Are Most Likely Guilty, Where I Am .08 Is Drunk. But It Seems That You Aren't That Worried About Your Probation Or You Might Have Chosen Somewhere Other Than A Bar To Be And Not Risk An Alcohol Violation.

Answer 3

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Answer 4

No dont waste your time. The police and the bar were doing what was in your best interest. They had no idea how yall were going to get home and im sure the policeman didnt want to be zipping you up in a bodybag later that night for a drunk driving accident. Even if you hadnt planned on driving you cant really fight an establishment like a bar and a police officer. I promise you that you wont win no matter how unfair it is, it will only waste your money in court costs and lawyers.

Also you said your friends were buying you driknks and assuming that you were with 5 other people they could have bought drinks on your tab and you not have known about it or they could have unknowningly lied to you about it because of their drunken state.

Another reason you probably wouldnt win the case with the bar is because it seems like you have a history with alcohol problems and convictions.

Answer 5

Depends on the town you were arrested. Courts in big cities don't bother with those type of charges.
But it sounds like your in a small town.
If you have the money get a decent lawyer, or plead no contest and make arrangements to pay the fines perhaps a payment plan. or take the jail time and see if you can get the conviction modified on your record when you complete the sentence and probation.
But you would have to get a pretty decent attorney to negotiate that. But its worth trying.

Answer 6

Every citizen has a right to be heard and how can they prove you were drunk?
With the nazi regimen in control of the judicial system at this time your best bet is not to drink or plead insanity.
Here is a clue for you the true definition of insanity being, to doing the same things over and over and expecting a different result, it has nothing to do with knowing right from wrong. there fore when you habitually do something against "MAN LAWS" you are by their term insane because you expected a different result of this "party".
Also you can claim that you were forced to be an American citizen , deny that you are in court and they can't touch you however they can move you somewher else. If they feel like it.
So study the definitions of the laws and find a loophole because this it totally nazi out of hand and all persons are good regardless of how they behave. "Society" wants to sweep those who don't "fit" into their ideals under the rug, so there fore claim you are not one of them and the kingdom and true freedom is yours for the claiming.

Answer 7

I think it sounds like you are probably in trouble (as long as the measurement was accurate, .28 is could be considered drunk), and you will end up with a sentence for violating your probation, and probably for the second charge as well. Still, Id be suprised if you did any real jail time (more than a couple of days), as you arent a violent offendor, especially if you live someplace where the jails are overcrowded.

Answer 8

unlike the other Bone head I can read where youre state is CALIFORNIA . flippin idiots go to bed 1. stop drinking in bars stay at home and do it . DONT DnD. please DONT kill any body 2. YOURE A LIAR !!!! YOU TOLD THE JUDGE YOU WOULD PAY HIM you didnt pay 1 dime 1400.00 IS the amount for the D U I court FINES+ school + D M V . + SR 22. you have been on the run from this PAYMENT for a long time. WHY are you crying now . you are irresponsible A big fat liar and a drunk. GET a SPONSER work the steps.A. A. BEFORE YOU KILL ME or someone here.!!!!!

Answer 9

first of all....WHAT THE FU-- Were You Doing @ A Bar Again?
If you ask me you get what you deserve.
Its obvious that things are going to keep happening to you until you take some responsibility for you're poor choices.
Secondly, you never plead guilty .
Third, No you have no case, it was you're word against the bartender. You were drinking so you can not be taken seriously when it comes to any type of defense on you're behalf.
I know you dont wanna hear this but I thought i should give you the truth instead of some sugar coated fairy tale

Answer 10

I would say the answer to your question depends on what state you live in. How hard are they on probation violators? Even though you feel you have done nothing wrong, the fact that you have other alcohol related violations shows that you have not been making the wisest choices. My suggestion would be to talk with your attorney about your options and chances in court.