Drunk in Public Definition – California Penal Code 647(f)

08 November 2011

In fighting a charge of Public Intoxication, it is essential to understand the elements and definitions of these elements.  For example, the drunk in public charge has to have been conducted in public.  “Public” for this crime is defined as a place that is open and accessible to anyone who wishes to go there.

Therefore, being passed out drunk in a bar can lead to a public intoxication charge since the establishment can be open and accessible to anyone who wishes to go there.

It is also important to also look at what the courts have held to be “public place.”  The California courts have determined that a defendant was considered in a public place when he was sitting in a parked car on a public street.

In knowing the how the elements of public intoxication are used, your chances of beating the charge at trial exponentially increases.  If you’ve been charged with being drunk in public, consult with an experienced Orange County Public Intoxication Attorney.  At the Law Offices of Nam Q. Doan | OC Legal Defense, I can fight to get your charge dismissed.  Call today at (714) 248-DOAN (3626) and visit www.OCLegalDefense.com and read the Public Intoxication section for more information on this crime.

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