Intoxicated in a Public Place?
A person may not be convicted of being drunk in public based on a police officer’s order that the person come out to a public place or if the person agrees to a police request and willingly enters a public place.
California Penal Code section 647(f) penalizes as a misdemeanor a person who is “found in any public place under the influence of intoxicating liquor … in a condition that he … is unable to exercise care for his … own safety or the safety of others, or by reason of his … being under the influence of intoxicating liquor … interferes with or obstructs or prevents the free use of any street, sidewalk, or other public way.”
A public place for purposes of a public intoxication violation is any place that is open to common use, or a place that is accessible to everyone for use, participation, or enjoyment. Even if a police officer has access to a private place and asks the person to come to a public area, since the person was not found in a public place, he cannot be convicted of being drunk in public.
For example, in the case of In re R.K., a person was found in a woodshed located 10 to 15 feet from the side of a house where he had right to be and was asked by officers to come out, before he was cited for being intoxicated in a public place. The woodshed is not considered a public place for the purposes of this statute. In addition, the person was not found in a public place but only asked by officers to enter a public place, so he could not be convicted of being drunk in public.
It is important that you hire an attorney that has the experience and knowledge to fully defend you in your case. The Law Offices of Michael S. Carrillo can provide you with a free consultation and can properly defend you on your misdemeanor case. We pride ourselves on individualized attention to your case. To us, you’re not just a file but you’re a person struggling to find the best outcome to your case. Give us a call at (626) 799-9375 or email us at mike@mikecarrillo.com for an immediate response.