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CPC 647(f)
My question involves criminal law for the state of: Northern CA
2 Days ago I was trying to go to a dance. At the dance they were checking to see if people were drunk. I had had nothing to drink, smoke, or anything at all in my system. When I got to the door the pulled me aside and said that I was drunk and I was stumbling when walking to the door. They kept calling me a liar when I was clearly coherent and wasn't slurring my speech at all. I asked to take a breathalyzer to prove myself but they wouldn't let me. Instead they arrested me and charged me for P 647 (f) and a violation of probation. What can I do to fight this...plz help or I'm screwed.
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Re: CPC 647(f)
You are facing a probation violation? I suggest consulting a lawyer.
Why do you suppose that you were singled out as drunk, when clearly they didn't arrest everybody in the place.
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Re: CPC 647(f)
Attorney up as they say. But you may have been prohibited from being in a place that sells alcohol as part of your probation. Then you may have violated that probation just by being in the establishment. Check the conditions of your release, it's probably in there.
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Re: CPC 647(f)
No im just on summary probation for my DUI a while back. The thing that stumps me is that to charge someone with drunk in public the person has to be putting themselves in harm. So the arrested me by assumption that I was drunk...plus the guard at the jail said I looked completely sober with no signs of being under the influence of anything.
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Re: CPC 647(f)
PC 647(f) prohibits being under the influence of alcohol or drugs to the extent to be a danger to yourself or others in a public place or being under such influence and obstructing a public way. Usually to get arrested for 647(f) you have to be falling down drunk so it is hard to see how a sober person could be mistakenly accused of it.