Is Public Intoxication a Misdemeanor in California?
Everyone knows that we’re not supposed to drink and drive. Many of us have gotten really good about making sure that whenever we go out to have a good time, we have a plan for getting home that doesn’t involve us driving. In some situations, we simply decide to walk home.
While walking home while you’re drunk is preferable to you driving while under the influence in California, you should be aware that it’s still not the safest option. All of the alcohol you’ve consumed slows your response time and dulls your reflexes. Not only does this make you an attractive target to any criminals you may encounter on your walk, but there’s also a chance a patrol officer could notice you staggering home and decide to charge you with public intoxication.
That’s right. Being extremely drunk while in public is a crime.
California even has a law that specifically deals with public intoxication. It’s Penal Code 647f PC. It clearly states that anyone:
“Who is found in any public place under the influence of intoxicating liquor, any drug, controlled substance, toluene, or any combination of any intoxicating liquor, drug, controlled substance, or toluene, in a condition that they are unable to exercise care for their own safety or the safety of others, or by reason of being under the influence of intoxicating liquor, any drug, controlled substance, toluene, or any combination of any intoxicating liquor, drug, or toluene, interferes with or obstructs or prevents the free use of any street, sidewalk, or other public way.
(g) If a person has violated subdivision (f), a peace officer, if reasonably able to do so, shall place the person, or cause the person to be placed, in civil protective custody. The person shall be taken to a facility, designated pursuant to Section 5170 of the Welfare and Institutions Code, for the 72-hour treatment and evaluation of inebriates. A peace officer may place a person in civil protective custody with that kind and degree of force authorized to effect an arrest for a misdemeanor without a warrant. A person who has been placed in civil protective custody shall not thereafter be subject to any criminal prosecution or juvenile court proceeding based on the facts giving rise to this placement. This subdivision does not apply to the following persons:
(1) A person who is under the influence of any drug, or under the combined influence of intoxicating liquor and any drug.”
Public intoxication in California is a misdemeanor. If you’re convicted, the maximum sentence is:
- Six months in a county jail
- A $1,000 fine
A public intoxication conviction may be embarrassing but it’s not an offense that will negatively impact your gun rights. It’s also possible to have the public intoxication charge expunged.
What Happens if You Ignore a Subpoena in California?
One of the mistakes some people make when they witness a crime is assuming that since they weren’t actively involved in the crime, they don’t have to be involved in the investigation or trial. This attitude causes some people to ignore a court subpoena. If you’ve been issued a subpoena, you should know that ignoring it is a mistake that will likely result in you getting into legal hot water.
Subpoenas are a very important part of the state’s justice system. To make sure people like you don’t ignore a subpoena, laws have been passed that make ignoring a subpoena punishable. If you’re convicted, you could spend some time in jail.
Many subpoenas are issued because you are a witness and the case depends on your testimony. If you fail to make your court date, the judge will request a Proof of Service document. If this is requested, the next step is issuing a body attachment which is more commonly referred to as a bench warrant. If you’re pulled over for a routine traffic stop, have to call the police for some reason, or the police simply knock on your door, you’ll be arrested immediately.
One of the interesting things about charges related to ignoring a subpoena is that this is one of the Bail Warrant crimes. This is a big deal because it means that once you’re arrested, you aren’t going to be released from jail until your case involving not obeying a subpoena case has been concluded.
Considering how long you could be potentially sitting in a jail cell for ignoring a subpoena, it makes more sense to rearrange your day and simply appear in court rather than pretending you never saw the subpoena.
Most Dangerous Cities in California 2022
Like most parts of the world, California has some places that are great areas to raise a family. These areas have good schools, solid sources of income, and a low crime rate. The flip side of the coin is that there are also some extremely sketchy parts of California. A quick look at these crime rates makes it easy to see which are the most dangerous cities in California in 2022.
Oakland, California
Oakland hasn’t had a good reputation in years. The bad reputation is a direct result of the city’s insanely high crime rate, which is 150% higher than the national average. While the city has more than its share of petty crimes, violent crimes are the real concern. Not only does the city have the fifth highest property crime rate in California, based on the numbers, but there’s also a murder every five days.
Emeryville, California
Emeryville and Oakland tend to go back and forth between which one is California’s most dangerous city. Right now they are basically running neck and neck. Emery is home to only 12,000 people, all of whom are aware of how dangerous their zip code is. The interesting thing about Emeryville is that while 1 out of 8 people has recently been the victim of a property crime, the city’s violent crime, and gang-related crime isn’t as high as some other California cities. In Emeryville, there is only a 1 in 72 percent chance of you getting caught in a violent crime. The fact that the violent crime rate is low, indicates that many of Emeryville’s crimes are economically driven.
Commerce, California
While Commerce still earns a spot on the most dangerous cities in California in 2022 list, there’s no denying that as the years have passed, Commerce’s violent crime rate has been steadily decreasing. While it’s getting better, there is still a high rate of property crime, with 1 in 11 residents reporting that they were the victim of a property crime. Commerce isn’t a stranger to violent crime either, during 2020, Commerce was ranked #11 on California’s list of cities with the most reported violent crimes.
Crescent City, California
It’s the same that Crescent City has such a high crime rate because this is a pretty city that provides residents with an excellent climate, easy access to Oregon, plenty of outdoor activities, and close proximity to the Pacific Ocean.
The problem is the crime rate. It’s so bad that Crescent City has landed near the top of the list of California’s most dangerous cities in 2022. What’s truly alarming is that the city has an extremely high sex crime rate. There have already been 10 sexual assaults reported this year as well as 77 additional violent crimes.
What do you consider an acceptable crime rate when you’re weighing the pros and cons of moving to a new California city?
Graduation Parties and Underage Drinking
Finally! It’s graduation season. For many students and parents, this is a day they’ve been waiting for their entire lives. They’re finally putting high school behind themselves once and for all and allowing themselves to focus on the future.
If you’re a graduating senior or someone who just likes to hang out with a group of senior friends, remember that while you’re allowed to have a good time and enjoy life, you aren’t legally allowed to consume alcohol in California. The fact that you’ve graduated from high school doesn’t matter. In California, you’re not allowed to drink until you turn 21. Getting caught consuming alcohol at a graduation party prior to your 21st birthday can have an immediate negative impact on your future.
One of the first things you need to realize is that you don’t have to be caught actually drinking in order to get into trouble for consuming alcohol when you’re still underage. If you’re surrounded by beer bottles, have a drink in your hand, or simply drank a little bit, you’re still going to be in trouble with the law. California has a zero-tolerance policy when it comes to minors and drinking.
The consequences of getting caught drinking at a graduation party while you’re a minor are both scary and expensive. In most cases, the judges will order you to pay fines and do substantial community service. In some situations, especially if this isn’t the first time you’ve been caught drinking while still a minor, the judge will decide that you should spend some time in jail.
You’re bad decision to drink at a friend’s graduation party even though you were a minor will likely result in you losing your driving privileges for a time. It doesn’t matter that you were smart enough to avoid driving after you were drinking. If you’re caught buying alcohol, using a fake ID to get alcohol, or being in possession of alcohol, your driver’s license will likely be suspended. Not only does this mean you have to beg for a ride whenever you want to hang out with friends, but it also makes getting a summer job more difficult. When you are finally able to drive again, you’ll likely have to pay a significantly higher insurance premium.
An increasing number of colleges are starting to crack down on minors who get caught with alcohol. There have even been reports of scholarships being withdrawn and application approvals getting rescinded.
Considering the long-term impact a single drink can have on your future, it’s in your best interest to avoid alcohol this year while you’re celebrating graduations.
Are DUI Sobriety Checkpoints Legal in California?
No one likes DUI checkpoints. Not only do they make many of us nervous, even when we haven’t been drinking. There’s just something about getting caught in a checkpoint and seeing a police officer walking towards us that tends to activate a guilt complex, they also drastically extend the length of time it takes you to get from Point A to Point B.
As irritated as you might be that you were caught at a DUI checkpoint, you shouldn’t expect the state to stop using them anytime soon. The purpose of the checkpoints is to reduce the annual number of deaths and injuries that are the direct result of drunk driving incidents. As long as the checkpoints continue to catch drunk drivers, they will remain an issue you’ll have to deal with when driving in California.
Many people have protested that DUI checkpoints are illegal, that they’re a form of entrapment. The issue has even made it all the way to both the California and Federal Supreme Courts, who ruled that the checkpoints were legal. There are some rules that they must follow when the highway patrol sets up a California DUI checkpoint. These rules include:
- Arranging things so only the supervising officers are in charge of operational decisions;
- Establishing a completely neutral criteria for drawing motorists into the checkpoint.
- Making sure the checkpoint is set up in a location where the supervising officers can reasonably expect drunk drivers to pass-through
- The checkpoint is safe and all safety protocol is being followed
- The is sufficient evidence that the checkpoint will catch some drunk drivers
- That the checkpoint is organized in such a way that each person is detained for as short a period of time as possible
- Roadblocks are used to publicly announce the presence of DUI checkpoint
If you’ve never been caught at a California DUI checkpoint, it can be a bit overwhelming. The good news is that the checkpoint should be set up in such a way that it’s easy for you to grasp what you’re supposed to do.
When set up correctly, roadblocks are used so that vehicles slowly merge together before coming to a complete stop. One of the officers will approach your car and request the same material that they ask for during a routine traffic stop: driver’s license, proof of insurance, registration. What is a little different is that the officer will be intent on your behavior and will likely spend a little time chatting with you. They really aren’t interested in what you have to say, but rather how you say it and your overall behavior. They’re using the few moments of conversation to decide if you’ve been drinking.
Indicators the officer uses to decide if they should do a full sobriety test include:
- Fumbling
- The smell of alcohol
- Lack of focus
- Slurred speech
- Watery eyes
- Jittery behavior
- Shaking hands
The other thing the officer will do is a quick scan of the interior of your car. They’re looking for things like open containers, drug paraphernalia, and other signs that you were drinking (or consuming drugs) before and/or while you’re driving. The entire experience usually lasts about 30 seconds.
As a rule, the officers usually ignore passengers while they’re questioning the driver. This could change if the passenger acts like they are intoxicated. During a checkpoint, the officers do have the right to question anyone who is in the car, if they feel that the passenger represents a safety hazard to themselves, or the driver, the officer will have to decide how they should proceed. If there’s evidence that the passenger is under the influence of illegal drugs, they may decide to arrest the passenger. If you’re the passenger during a DUI checkpoint, it’s in your best interest to stay quiet.
Penalties for Illegal Street Racing in California
Yes, the Fast and the Furious movie franchise made street racing look like a great way of generating some excitement on a Friday night, but before you gather a group of your friend together to see who can drive the fastest, you should know that street racing, drag racing, and other vehicular speed contests aren’t legal on California’s public roads. They violate not one, but two of California’s laws: Vehicle Code 23103 VC (reckless driving) and Vehicle Code 23109 VC (speed contests).
You must understand violating either of these California laws by speed racing on one of California’s public roads won’t result in a simple ticket. In most cases, you’ll find yourself facing misdemeanor charges. If you’re convicted, you’ll go through life with a criminal record and have to pay some extremely hefty fines. You may even spend some time inside a county jail cell.
In order to secure a guilty conviction in a California street racing case, the prosecution must be able to prove that in addition to actually driving the car, you were also aware that you were street racing. You can’t be convicted of street racing if you simply happened to be in the wrong place at the wrong time and got swept up in a street racing sting.
You can be charged with street racing if you and another driver challenge one another to a race while sitting at a stoplight. In California, it only takes two people to create an illegal street racing situation.
The first time you’re convicted of participating in a speed contest in California, your sentence can include:
- A fine of up to $1,000
- Spending as much as 90 days in jail
If you’re convicted of speed racing a second time, you will lose your driving privileges. The second (and following times) you’re convicted of speed racing in California, you’re sentence could include:
- Mandatory six months of revoked driving privileges
- A fine that could be as much as $1,000
- A potential six months in jail
While you’re not legally allowed to engage in any type of speed contest while operating a vehicle on one of California’s public roads, you’re free to do what you like while on private property, including private roads. While the police won’t stop you from street racing on a private road, you still want to be careful. If someone is hurt because of your actions while you’re behind the wheel, it’s possible you’ll be named in a civil case.
Make Sure you Choose a Reputable Bail Bonds Agency
When you learn that one of your loved ones has been arrested and needs you to help them secure a California bail bond, the kneejerk reaction is to call the first bail bonds agency you see and sign a contract.
Granted, there is a chance that this could work out in your favor and you could find yourself working with a wonderful bail bonds agency that truly cares for both you and your loved one. The problem is that there’s also a chance you could find yourself dealing with a shady business that leaves you in a worse situation than what you were in before you contacted them.
Given how much money you will pay the bail bonds agency and the fact that you’ll be linked to them for several months, it’s in your best interest to choose the most reputable bail bond agency you can find.
Here are some things you should look for that tell you you’re dealing with a reputable company.
Free Consultations
A free consultation is a good sign. Not only does it provide you with a free way of learning about the bail bonds process and the California bail program, but it’s also an excellent way to establish a connection.
If you’re dealing with a reputable bail bond agency, they will use the consultation to answer all of your questions, get some background information on your loved one, and make sure you fully understand how the California bail bond system works. What you shouldn’t experience during the consultation is pressure to make a fast decision and sign with the agency.
Upfront Fees
A reputable bail bonds agency will be upfront about all their fees and charges. The standard fee for a bail bond is 10% of the set bail price. In some cases, it may be a little less if the agency offers a good discount, but it shouldn’t be more.
Some disreputable agencies will try to pad the fee by adding some hidden charges to the bill. If the agency isn’t upfront about all the items on their bill, or if they try to charge more than 10%, you need to look for a different California bail bond agency.
They Have a Good Reputation at the Jail
There’s nothing that says you can’t ask officers and court officials who are hanging around at the jail for suggestions about reputable bail bond agencies. They’ll probably be happy to provide you with a few ideas.
Absolute Bail Bonds in Lynwood has been operating in California for several decades. We have a reputation for fair prices, outstanding customer service, and for writing bail bonds and springing people from jail in a short time frame. When one of your loved ones requires bail, we suggest calling us. We’re confident we can help. We’re open 24/7 and all consultations are free.
Does Bail Need to be Posted Right Away?
You’ve just gotten a call from a loved one. They’ve been arrested. They’re scared. They know how much bail is needed but they don’t have the funds available. You’ve agreed to help but aren’t sure how much time you have to act.
The first thing you need to do is stop and take a deep breath. You’ve got this!
Yes, your loved one wants to be released from jail as quickly as possible but that doesn’t mean you can’t take a little time and think about the situation. The good news is that you’re loved one’s bail doesn’t have to be posted right away. Yes, they may have to spend a few more hours or days in jail, but they’ll be fine. Bail doesn’t have a time frame. It can be posted right away or six months after you’re loved one was arrested. You’re free to take as much time as you need to decide how you want to handle the situation. You deserve to take your time and approach this project with a clear head.
The first thing you want to do is decide how you want to cover your loved one’s bail. Do you have enough money to cover the bail yourself or do you need the help of a California bail bonds agency? If you decide you need an agency, you’ll want to give yourself enough time to research all the local ones so that you can choose the one that’s the most reputable.
Once you’ve selected a bail bonds agency you want to work with, you must learn what kind of things you need to secure a bail bond. Find out if you’ll need a co-signer if you have to use anything as collateral, what your responsibilities are as the signer of the bail bond, and if you qualify for any discounts or payment programs. Make sure you ask lots of questions during your initial consultation with the agency.
Before you sign with a bail bonds agency, you need to have a serious conversation with your loved one. This conversation is to make sure you’re both going into this process with your eyes wide open. Make sure you discuss who is paying the 10% fee the bail bond agency requires, what is at stake if they fail to attend their court dates, what rules they have to follow while their out on bail, and what you expect them to do after they’re released from jail.
This is one of those situations where everyone must be on the same page.
If you or a loved one finds themselves in need of a California bail bond, it’s in your best interest to contact Absolute Bail Bonds in San Bernardino. We have a long history of helping people just like you. We offer free consultation, flexible payment plans, easy-to-understand contracts, and 24/7 service.
Feel free to call or click the Chat Now link for a free consultation.
Absolute Bail Bonds Makes Your Life Easier After An Arrest
When you get that phone call from a loved one inside jail telling you they need help to meet bail, your heart sinks, your temper rises, and your stress elevates. Where do you start to get this money to pay for bail? Simply call Absolute Bail Bonds in Long Beach.
Absolute Bail Bonds specializes in writing up a bail bond to get people out of jail. On top of that, the company is consistent in meeting and exceeding client expectations of not just doing the job, but doing it with compassion and eagerness. We truly care about our clients, and making their life easier after an arrest.
It doesn’t matter if it’s the middle of the night, the middle of the day, or the middle of a Federal holiday, we’re here and ready to post a bail bond for you!
Let us help you rescue your loved one from jail without requiring you to empty your bank account. We work with all of our clients to create individualized payment plans that are designed to work with your unique situation. This way, you can break up the already smaller cost of the bail bond, into affordable & flexible monthly payments.
Give us a call at 1-800-793-2245 to get the bail bonds process started today.
Unsure About Getting A Bail Bondsman? Here’s Why You Should
Our team here at Absolute Bail Bonds aims to get your loved one out of jail, and change people’s perceptions on bail bonds. Bail bonds are directly related to negative situations – someone is arrested and needs to be bailed out of jail. What good thing can be related to an arrest?
Have you thought of bail bonds in the way that because it gets someone out of jail, it reunites your family? That’s a positive thought. And more often than not, most family and friends strengthen their bonds with each other as a result of this bail bond release.
It often takes an outside perspective to change the view of something so dark to something that is relieving and much needed. Without this bail bond experience, relationships between friends and family may never experience that much needed tightening.
To get a free consultation on a bail bond, or to simply just get more information, please visit us online to chat with one of our representatives, or call us at 1-800-793-2245.