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: Southern California Criminal Defense Blog

I Was Arrested for Public Intoxication ? What Should I Do Next? ? California Penal Code 647(f)

By Walin & Klarich

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Under California Penal Code 647(f), public intoxication is listed as a crime of disorderly conduct and is a misdemeanor. Public intoxication is when a person is found in any public place under the influence of drugs or alcohol, and is in a condition where he or she is unable to exercise care for his or her own safety or the safety of others. Public intoxication also occurs if a person, while under the influence of drugs or alcohol, interferes with or obstructs or prevents the free use of any street, sidewalk, or other public way. To convict a defendant, the prosecution must prove that 1) the defendant was willfully under the influence of alcohol or drugs, 2) the defendant was in a public place, and 3) the defendant was either unable to exercise care for his/her own safety, or the safety of others or the defendant interfered with, obstructed, or prevented the free use of a street, sidewalk, or other public way...continue to full post

Full post as published by Southern California Criminal Defense Blog on April 27, 2010 (boomark / email).