Not long ago, local sheriffs would regularly escort drunken tourists back to their hotels. If an inebriated visitor couldn't remember where he was staying, or if he didn't have accommodations for the night, deputies would even him help book a room. It took effort to get arrested for PC 647(f) in Avalon.
In the rare case where someone was actually cited and booked for being dangerously drunk, the prosecutor was generous with a plea offer when the case got to court. A typical deal used to include reducing the misdemeanor charge to an infraction, paying a small fine, and promising not to do it again.
Times have changed, though. A new crop of deputy sheriffs and prosecutors on the island have recently adopted a zero-tolerance, no-holds-barred approach to disorderly conduct in Avalon. Today, the Catalina Court imposes some of the harshest penalties in the state for alcohol-related offenses. Standard offers now include probation, hefty fines, mandatory attendance at AA meetings and significant amounts of community service or hard labor (not to mention, a misdemeanor conviction on your criminal record). This doesn't mean that the DA always gets what they want, but you and your attorney should be prepared for a fight.
Lawyers from outside of the area may be shocked when they appear in court on the island for the first time. In most courthouses, "drunk in public" is considered a very petty crime. Prosecutors in downtown LA, for instance, have bigger fish to fry. They cannot afford to dedicate significant resources to throw the book at some tourist who got caught staggering back to his hotel. Catalina takes these cases seriously, though. You should, too.
Section 647 of the California Penal Code governs a variety of bad behaviors that collectively fall under the umbrella of "disorderly conduct". Subsection (f) specifically prohibits public drunkenness. PC 647(f) is a misdemeanor, meaning that the maximum penalty includes 6 months in jail and a base fine of $1,000.00. After all the mandatory fees and court costs are tallied, the total maximum fine is about $5,000.00.
To be convicted of PC 647(f), the prosecutor must prove 3 elements:
- That the defendant was under the influence of drugs or alcohol, AND
- That the defendant was in a public place, AND
- That the defendant was unable to care for his own safety or the safety of others, OR that the defendant interfered with a sidewalk or public walkway
Each of these elements is subject to some argument and interpretation. How drunk does someone have to be before he is considered "under the influence"? What if the person had been "dosed" or was involuntarily impaired? What counts as a "public place"? etc. These cases can be more complicated than they appear.
Of course, the defense in your case will depend on the specific facts and circumstances surrounding your arrest. Why were deputies summoned in the first place? Did some witness(es) complain about your behavior? Was the arrest recorded in any way (audio or video)? Did the arresting officers conduct any sort of chemical test (e.g. a breathalyzer, etc.)? Were you cooperative or belligerent? Do you have a history of alcohol-related arrests? Do the "interests of justice" dictate that you be harshly punished or that you deserve some lenience?
Our office defends more cases on Catalina Island every year than any other private attorney in the State of California. We have extensive experience in fighting against Drunk in Public charges, as well as all other misdemeanors that arise in and around Avalon. In most cases, we can appear in court on your behalf so that you don't need to worry about traveling all the way back to Catalina for a series of court appearances.
If you or a loved one have been cited or arrested while visiting Catalina, call us for a free attorney consultation. (714) 449-3335. Ask for John.
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