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I was walking along the beach fairly intoxicated by myself. Not many people were around. I still got arrested, can I fight this?

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Question:

I was at the beach (in San Diego) a few weeks ago and I had a little too much to drink. I was just walking quietly along the beach, but it was after hours so a policeman came up to me to tell me I was trespassing. When he did, he smelled the alcohol on me and it became pretty apparent that I was really drunk. I was just being quiet though and not doing anything- can I still get a citation for being publicly intoxicated?

 

Answer: (1)

According to California Penal Code 647(f), public intoxication is defined as someone who both displays evidence of intoxication AND either demonstrates an inability to care for themselves or interferes with the free use of streets, sidewalks or other public property. So, unless you met both of these conditions, generally you should not have been cited for public intoxication. You should speak with a qualified criminal attorney and explain the circumstances of our citation.

References:

Posted by Christy Rakoczy on 21 Jan 2010

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