Public Intoxication – Prosecution Elements
California Penal Code 647(f)
Orange County/Los Angeles Drunk in Public Attorney
If you are charged with being drunk in public, it is important to speak with a public intoxication attorney. The Law Offices of Nam Q. Doan has been successful in fighting public intoxication charges and getting your case dismissed is top priority. Below you will see the elements that the prosecution must prove and the instructions the jury will read.
Public Intoxication – California Penal Code 647(f) – Prosecution Elements
The defendant is charged with being under the influence of (alcohol/ [and/or] a drug) in public in violation of Penal Code section 647(f).
To prove that the defendant is guilty of this crime, the People must prove that:
1. The defendant was willfully under the influence of (alcohol[,]/ [and/or] a drug[,]/ [and/or] a controlled substance[,]/ [and/or] toluene);
2. When the defendant was under the influence, (he/she) was in a public place;
AND
<Alternative 3A—unable to care for self>
[3. The defendant was unable to exercise care for (his/her) own safety [or the safety of others].]
<Alternative 3B—obstructed public way>
[3. Because the defendant was under the influence, (he/she) interfered with, obstructed, or prevented the free use of a street, sidewalk, or other public way.]
Someone commits an act willfully when he or she does it willingly or on purpose.
As used here, a public place is a place that is open and accessible to anyone who wishes to go there.
Call the Law Offices of Nam Q. Doan today at (714) 248-DOAN (3626). I am a public intoxication attorney working all over Southern California including Orange County, Los Angeles, and the Inland Empire. For more information, visit www.OCLegalDefense.com.
Public Intoxication – Overview