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.
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.
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.
Riding Your Bike Under the Influence of Drugs or Alcohol
The rising fuel costs are causing many of us to take a second look at our bikes. Now they not only seem like a pleasant way to stay in shape but also a viable way to ease transportation costs. Not only can you use your bike to get from your home to your workplace, but you can also use it to go out at night. Not paying for gas means you’ll have more money in your pocket for drinks, and since you’re cycling rather than driving you don’t have to worry about watching how much you drink.
California law prohibits you from driving and cycling while under the influence of drugs and alcohol.
California is so serious about making sure that you don’t bike while under the influence that they created an entire law that deals with anyone who is under the influence when they mount their bike.
The law is California Vehicle Code 21200.5 VC and it states that:
“Notwithstanding Section 21200, it is unlawful for any person to ride a bicycle upon a highway while under the influence of an alcoholic beverage or any drug, or under the combined influence of an alcoholic beverage and any drug. Any person arrested for a violation of this section may request to have a chemical test made of the person’s blood, breath, or urine for the purpose of determining the alcoholic or drug content of that person’s blood pursuant to Section 23612, and, if so requested, the arresting officer shall have the test performed.”
The good news is that while the law prohibits you from cycling while under the influence (CUI) the fallout from doing so is nowhere near as life-altering as getting a DUI.
When you’re charged with a CUI you will only face misdemeanor charges. If you’re convicted of CUI in California you won’t spend any time in jail and the maximum fine you’ll face is $250.
While the potential fallout from a CUI isn’t as severe as what you’d get if you were convicted of a DUI, that doesn’t mean you shouldn’t take the situation seriously. The first issue is that you will have a criminal record that shows an alcohol-related offense.
The second thing to consider is that if you’re cycling under the influence and accidentally hurt someone you will face additional legal and civil penalties that could have a long-term negative impact on your life.
While it’s okay to go out and have a good time, when all is said and done, it’s better to have a designated driver than to cycle home after an evening of fun and drinks.
We’re Quick, Right To The Point
We don’t want to waste your time (we know it’s precious and there’s no time to waste) so we’re going to get right to the point.
Here at Absolute Bail Bonds in Los Angeles, we offer:
- Customizable, low monthly rate payment plans.
- 24/7 availability.
- No hidden fees.
- Convenient and secure online payment system.
- Cash, credit, debit, and checks are accepted.
- Discounts for qualifying individuals.
- Licensed and experienced bail bond agents.
- Friendly, hardworking, understanding bail bond agents.
- Confidentiality.
- Phone approvals; if a face-to-face meeting is necessary, our agents go to you.
See how quickly we laid out what we can do for you? Error-free speed is our thing – we work very fast (and don’t worry we don’t cut corners either) to get people bailed out of jail, and our process, efficiency, and reliability won’t be any different for you and your loved one.
Contact someone at Absolute Bail Bonds in Los Angeles by opening a chat room online with us, or by calling us at (800)793-2245. We absolutely won’t let you down!
How to Report a Crime in California
It doesn’t matter if you’re the victim of a crime or if you have seen a crime take place. You should always report the situation to the police. Here’s how to go about doing just that.
Don’t try to take matters into your own hands. One of the biggest mistakes you can make is attempting to stop a crime that’s in progress. While it’s commendable that you want to do something about the situation, the odds of you getting hurt are extremely high. Stopping a crime that’s in progress isn’t worth jeopardizing your safety. When you witness a crime taking place that isn’t jeopardizing anyone’s actual health safety, don’t get involved. Simply report the situation to the police and let them handle it.
When you see a crime taking place, the first thing you need to do is get yourself to a safe place. Once you’ve addressed your personal safety, pull out your cell phone and contact 911. Explain what is happening. The 911 operator will advise you on the best way to protect yourself and also put you into contact with the police.
When the police reach out to you, give them as much information as you can. The more accurate you are about times and locations, the better the chances are that the prosecution will put together a successful case that will end with the criminal getting convicted.
Follow the police’s advice to the letter. If they want to speak to you in person right away, they will advise you on where to wait for them. If they want you to come to the police station and file a report, they will tell you which station to go to and whom to speak with.
It’s important that your memory of the incident remains clear. It doesn’t take much time for a memory to shift or fade, so it’s not a bad idea to grab a piece of paper and write down everything you remember about what you’ve witnessed. This includes a detailed description of the person/people who committed the crime.
If an arrest is made and the case goes to court, you’ll be called on to testify. The prosecutor that’s handling the case will provide you with the information you need to be a reliable witness while on the stand.
Valentine’s First Date Safety Tips
Valentine’s Day is right around the corner. Those of us who are single often feel that the holiday is the perfect day to arrange a first date and hopefully strike up a romance. The problem is that some of us are so fixated on connecting romantically, that we sometimes overlook basic first-date safety measures and will find ourselves in a dangerous situation.
Drive Separately
These days, most of us go on first dates with people we don’t actually know. In many cases, it’s an internet connection that sounds interesting. No matter how nice and trustworthy that person might sound during your virtual conversations, you need to remember that you don’t fully know them. One of the best ways you can keep yourself safe is making sure that each of you drives separately to your Valentine’s Day date location.
Driving does more than simply prevent you from being located in a small space where you have very little control over things with a person you don’t know well. It also provides you with an easy and accessible means of escape if the date doesn’t go well.
If you don’t have your own car, use an Uber/cab/bus to get to the location.
Tell Your Friends About Your Plans
Secret first dates sound fun and exciting, especially on Valentine’s Day. The other nice thing about secret first dates is that you don’t have to fill your friends and family members in on all of the details if the date turns out to be a dud.
The problem with secret Valentine’s Day dates is that if no one knows where you are or what you’re doing, they won’t know that you could be in trouble. Let at least one trusted person know where you’re going and who your Valentine’s Day date is. They will provide this information to the police if something goes wrong.
Meet in Public
Your Valentine’s Day date doesn’t have to be in a noisy club or even a secluded forest glen. It should be in a public place where people can step in if things don’t go the way you like. If you start to feel uncomfortable during the date, alert someone who is nearby and they can help extract you from the situation.
Never Leave a Drink Unattended
Always keep an eye on your drink. You don’t want your date or anyone else who is nearby, to slip anything into it. If you have to leave your drink, order a new one. Don’t finish the one that was left by itself.
Let Someone Know When You Make it Home Safely
Let the friend/family member you told about the date know that you’ve made it home and are safe. This is a great opportunity to discuss your Valentine’s Day date and decide if this is a person you’re interested in seeing again.
What are your plans for this Valentine’s Day?
Vaping in California
Over the past ten or fifteen years, vaping has become extremely popular. There are several reasons for this, including the idea that vaping is cleaner, cheaper, and might be a little safer than smoking. The fact that you can get vapes in interesting flavors that simply aren’t possible with traditional cigarettes is another reason so many people have started vaping.
As vaping grows more popular the state feels increasing pressure to create vaping laws. These laws are very similar to smoking laws because there is a great deal of concern about the potential health risks.
While some of these vaping laws impart consumers, most are designed to crack down on the sale of e-cigs.
Additional taxes aren’t the only things business owners who sell vaping supplies have to worry about. The state has also set things up so that any business that markets e-cig and other vaping supplies has to be properly registered, which includes safety inspections. The registration fee must be paid every single year if the business wishes to continue selling e-cigs.
At this point, if you’re not 21 or older, you can’t purchase e-cigs are anything connected to vaping. The hope is that by raising the minimum age, fewer people will start vaping.
The places you’re allowed to vape are also restricted. Vapers are expected to follow the same rules as smokers. You aren’t allowed to smoke in/near government buildings, including schools. Additional places where you’re not allowed to vape include commercial warehouses, hotel lobbies, and stores. If you’re self-employed but routinely have clients in your office/home/workspace, you’re not allowed to vape there.
Getting caught vaping in an area where it’s prohibited will cost you hundreds of dollars.
Stay Safe Going into the New Year
Celebrating at bars, restaurants, clubs, and community events is a lot of fun and a great way to create some spectacular memories, but it can also be dangerous. The good news is that there are steps you can take to protect yourself while making the holiday a memorable experience.
Pick a Group of Trusted Friends
There is safety in numbers which is why you should plan on going out with a group of people who are just as excited about going out as you are and who you trust. Before hitting town, decide on things like who is driving (or if you’re getting a rideshare car or cab home.) Agree that no matter what happens, everyone leaves each location with the others, that no one leaves anyone behind, and have a form of communication ready to go if someone does get separated from the group.
Limit Your Drinking
Yes, you want to have a good time, but don’t drink so much alcohol that you get into a fight with your friends, or your normally good judgment wavers. Know what your limit is and pace yourself accordingly. If you do imbibe in too much alcohol, make sure at least one member of your friend group is sober enough to watch out for you.
No matter what you’re drinking, never leave your drink unattended. If you do have to leave your drink, order a new one when you return to the table. Never drink from a glass that you’ve lost track of, no matter how temporarily.
Stick to Areas You’re Familiar With
New Year’s Eve isn’t really the night that you want to explore new locations. If you do want to go to a New Year’s Eve party that’s in a part of town you’re unfamiliar with, visit that area in the weeks leading up to the party. That gives you a chance to find the safest parking spaces, bus stations, cab stops, and walking routes.
Leave Your Valuables at Home
New Year’s Eve is not the time to be waving around a lot of cash or to show off the nice new jewelry you got for Christmas. Those things make you attractive to thieves and pick-pockets. Limit the amount of cash you have on you and keep your nicer items at home.
Practice Self-Situational Awareness
Self-situational awareness is a great way to prevent yourself from becoming a victim this New Year’s Eve. The entire time you are out, be hypervigilant about your surroundings and the people in them. Pay extra attention to anyone who is taking an extreme interest in you or who seems to appear everywhere you do.