Legal Advice (drunk in public, obstructing an officer)

[TheSanityAnnex]

Last night I was the passenger of a pretty bad car wreck. Car flipped twice, both the driver and I are ok. CHP came and asked questions, I answered all of them. They leave me and start asking the driver questions. I notice they are about to give her a field sobriety test and I tell her that it is not required and she should just wait until she is at the jail to have the test administered.

The CHP tells me I just interfered with his investigation and he's arresting me. I don't fight back or get smart with him and he cuffs me. He also tells me he's charging me with drunk in public. I had been drinking, but no where near the point of what California's drunk in public law states. I was no danger to myself or anyone around me. He puts me in the car, driver is arrested and placed in the car with me as well. Neither of us are ever read our Miranda rights.

I know I should get a lawyer, and it is probably what I'll end up doing, but what are the chances of me beating this by myself? How much should I expect to pay the lawyer?

[duncan228]

I don't have the answers you need but I'm glad you're both okay. It must have been horrifying to flip like that. Hope you get through the rest of it okay too.

[Ed Helicopter Jones]

http://www.wklaw.com/areas-drunk-public.html

[Vinnie_Johnson]

Glad to hear no one died pay the lawyer to defend you. How can you prove in court that you were not drunk in public? Just asking not saying you were.

[TheSanityAnnex]

Glad to hear no one died pay the lawyer to defend you. How can you prove in court that you were not drunk in public? Just asking not saying you were.There were plenty of witnesses that saw me and talked to me, including other officers and firemen. No field tests or breathalyzers were done on me. I was not stumbling or slurring at all which is why that really surprised me when I found out he added that on as a charge.

[Winehole23]

I know I should get a lawyer, and it is probably what I'll end up doing, but what are the chances of me beating this by myself? How much should I expect to pay the lawyer?Don't try to beat this on your own. Get a lawyer ASAP. Whatever it costs, you'll be glad you did.

[Ed Helicopter Jones]

http://www.wklaw.com/areas-drunk-public.html

Talk to these guys...seriously.

[FromWayDowntown]

I'm glad that you and the driver were both unhurt, but I wouldn't press my luck if I were you. Get a lawyer, no matter what it costs.

There is absolutely no circumstance in which it is a good idea to try to defend against criminal charges without a lawyer.

[TheSanityAnnex]

http://www.wklaw.com/areas-drunk-public.htmlThanks.

[thispego]

There is absolutely no circumstance in which it is a good idea to try to defend against criminal charges without a lawyer.

why?

[Chief]

Glad to hear no one died pay the lawyer to defend you. How can you prove in court that you were not drunk in public? Just asking not saying you were.

isn't it innocent until proven guilty ?

the county or state or whatever has to prove he was guilty, and that he tampered with the investigation.

btw, i notice the original poster said that he told his lady friend not answer any questions until she was at "jail", which means that he knew she was drunk ? yet let her drive ? maybe i read incorrectly.

[TheSanityAnnex]

btw, i notice the original poster said that he told his lady friend not answer any questions until she was at "jail", which means that he knew she was drunk ? yet let her drive ? maybe i read incorrectly.It was obvious to me they were going to take her in on suspected DUI. I had been with her eating dinner, she'd only had a margarita. She is small, but I don't think one margarita got her above .08, considering we had eaten there for over an hour.

[TheSanityAnnex]

Does 1500-2000 sound about right for lawyer fees?

[FromWayDowntown]

why?

Because people with no legal training are generally ill-equipped to defend a case against a prosecutorial team that usually has years of training. Legal procedure is complex and difficult for even those who've studied and practiced for years. In my experience, people without legal training who try to wade into that stuff tend to get lost and jeopardize their cases, particularly when there's an unhelpful attorney on the other side.

Also, a good defense usually requires some degree of objectivity about the case. It's hard to be particularly objective about a case when you're the one whose ass is on the line.

[Dex]

Fuck the Police!

[Chief]

It was obvious to me they were going to take her in on suspected DUI. I had been with her eating dinner, she'd only had a margarita. She is small, but I don't think one margarita got her above .08, considering we had eaten there for over an hour.

why didn't u just drive ?

[Udokafan05]

Ask Ron White

[johnsmith]

why didn't u just drive ?

Gotta love the guy that has to judge.

[johnsmith]

TSA, get a lawyer and after this is all done, share your victory story with the board.

[leemajors]

Does 1500-2000 sound about right for lawyer fees?

sounds like a good deal for a retainer. mine was $5k for divorce, had to fill it up twice but got $2200 back.

[RandomGuy]

Last night I was the passenger of a pretty bad car wreck. Car flipped twice, both the driver and I are ok. CHP came and asked questions, I answered all of them. They leave me and start asking the driver questions. I notice they are about to give her a field sobriety test and I tell her that it is not required and she should just wait until she is at the jail to have the test administered.

The CHP tells me I just interfered with his investigation and he's arresting me. I don't fight back or get smart with him and he cuffs me. He also tells me he's charging me with drunk in public. I had been drinking, but no where near the point of what California's drunk in public law states. I was no danger to myself or anyone around me. He puts me in the car, driver is arrested and placed in the car with me as well. Neither of us are ever read our Miranda rights.

I know I should get a lawyer, and it is probably what I'll end up doing, but what are the chances of me beating this by myself? How much should I expect to pay the lawyer?

Advising someone of their rights is, to my understanding, definitely NOT obstructing an officer. That would be lying to them or physically attempting to hide evidence or block an officer in pursuit of his duties.

10 seconds with any prosecutor and they will realize they have no case and toss it.

Get a lawyer, even a shitty one, and you will very likely beat both charges.

[RandomGuy]

http://www.keithbrunolaw.com/lawyer-attorney-1337320.html

Looks like this is a common problem.

Here is the exact legal code section, word for word:

http://santa-cruz-criminal-defense.com/california-penal-code-148.html

California Penal Code § 148
§ 148. Resisting public or peace officers or emergency medical technicians in discharge of their duties; Removal of weapon from person or presence of public or peace officer

(a) (1) Every person who willfully resists, delays, or obstructs any public officer, peace officer, or an emergency medical technician, as defined in Division 2.5 (commencing with Section 1797) of the Health and Safety Code, in the discharge or attempt to discharge any duty of his or her office or employment, when no other punishment is prescribed, shall be punished by a fine not exceeding one thousand dollars ($1,000), or by imprisonment in a county jail not to ex-ceed one year, or by both that fine and imprisonment.

(2) Except as provided by subdivision (d) of Section 653t, every person who knowingly and maliciously interrupts, disrupts, impedes, or otherwise interferes with the transmission of a communication over a public safety radio frequency shall be punished by a fine not exceeding one thousand dollars ($1,000), imprisonment in a county jail not exceeding one year, or by both that fine and imprisonment.

(b) Every person who, during the commission of any offense described in subdivision (a), removes or takes any weapon, other than a firearm, from the person of, or immediate presence of, a public officer or peace officer shall be punished by imprisonment in a county jail not to exceed one year or in the state prison.

(c) Every person who, during the commission of any offense described in subdivision (a), removes or takes a fire-arm from the person of, or immediate presence of, a public officer or peace officer shall be punished by imprisonment in the state prison.

(d) Except as provided in subdivision (c) and notwithstanding subdivision (a) of Section 489, every person who removes or takes without intent to permanently deprive, or who attempts to remove or take a firearm from the person of, or immediate presence of, a public officer or peace officer, while the officer is engaged in the performance of his or her lawful duties, shall be punished by imprisonment in a county jail not to exceed one year or in the state prison.

In order to prove a violation of this subdivision, the prosecution shall establish that the defendant had the specific intent to remove or take the firearm by demonstrating that any of the following direct, but ineffectual, acts occurred:

(1) The officer's holster strap was unfastened by the defendant.

(2) The firearm was partially removed from the officer's holster by the defendant.

(3) The firearm safety was released by the defendant.

(4) An independent witness corroborates that the defendant stated that he or she intended to remove the firearm and the defendant actually touched the firearm.

(5) An independent witness corroborates that the defendant actually had his or her hand on the firearm and tried to take the firearm away from the officer who was holding it.

(6) The defendant's fingerprint was found on the firearm or holster.

(7) Physical evidence authenticated by a scientifically verifiable procedure established that the defendant touched the firearm.

(8) In the course of any struggle, the officer's firearm fell and the defendant attempted to pick it up.

(e) A person shall not be convicted of a violation of subdivision (a) in addition to a conviction of a violation of sub-division (b), (c), or (d) when the resistance, delay, or obstruction, and the removal or taking of the weapon or firearm or attempt thereof, was committed against the same public officer, peace officer, or emergency medical technician. A per-son may be convicted of multiple violations of this section if more than one public officer, peace officer, or emergency medical technician are victims.

(f) This section shall not apply if the public officer, peace officer, or emergency medical technician is disarmed while engaged in a criminal act.


---------------------------------

I would highly doubt ANY judge would place this particular code section over the other, more important concerns of both first amendment rights, as well as the concern that people be appaised of their rights.

[balli]

I hope that cop gets clipped tonight.

[RandomGuy]

Does 1500-2000 sound about right for lawyer fees?

Sounds about right.

The normal going rate is about $200 per hour in most places. That will buy you about 8-10 hours of their time.

I think there is a good chance that one quick talk to the prosecutor will result in a dismissal of the charges. Give it an hour for your to talk to the lawyer and a couple of hours of their time talking to the prosecutor, would yield about 4-5 hours of their time or about $1000.

You may also check around for some lawyer willing to do it pro-bono.

If the charges are frivolous enough, you could conceivedly sue the city/county/state, and find a lawyer willing to work for a retainer. That would cost you nothing out of pocket, as they would be working for the promise of a large chunk of any settlement.

[RandomGuy]

I hope that cop gets clipped tonight.

I don't. He might be a dickhead, but he probably has a family depending on him.

[balli]

I don't. He might be a dickhead, but he probably has a family depending on him.
I'm sure that dude that got capped in the back last week had a family depending on him too.

I have no sympathy for cops, even the good ones or their families; they're still cops. And if they want to be considered good family men they shouldn't be police officers in the first place. 90% of them are fucking assholes and scumbags and under that logic, I truly hope 100% feel or get threatened by violence.

[johnsmith]

I'm sure that dude that got capped in the back last week had a family depending on him too.

I have no sympathy for cops, even the good ones or their families; they're still cops. And if they want to be considered good family men they shouldn't be police officers in the first place. 90% of them are fucking assholes and scumbags and under that logic, I truly hope 100% feel or get threatened by violence.

Man, not only have you already won the "whiniest bitch of the year" award, but it looks like you are now making a strong push for "most gigantic jackass of the year" as well.

[troll police]

I truly hope 100% feel or get threatened by violence.

:nope:flipoff

[Sportcamper]

TheSanityAnnex …Do you realize that the CHP are on the top of the food chain in California courts? This Highway Patrolman has most likely testified 100x’s before the judge who will hear your case…

If you want the charges dismissed or reduced you better have legal representation….

[smeagol]

I'm sure that dude that got capped in the back last week had a family depending on him too.

I have no sympathy for cops, even the good ones or their families; they're still cops. And if they want to be considered good family men they shouldn't be police officers in the first place. 90% of them are fucking assholes and scumbags and under that logic, I truly hope 100% feel or get threatened by violence.

Well this post confirms my hunch about you.

You are a fucking moron.

[RandomGuy]

I'm sure that dude that got capped in the back last week had a family depending on him too.

I have no sympathy for cops, even the good ones or their families; they're still cops. And if they want to be considered good family men they shouldn't be police officers in the first place. 90% of them are fucking assholes and scumbags and under that logic, I truly hope 100% feel or get threatened by violence.

90% of people who say things like this are fucking assholes and scumbags and under that logic, I truly hope 100% feel or get threatened by violence.


Ah, the uses of logic, if one is willing to set aside ethics and common sense.

Just for the record: the first statement was satire and in no way expresses my desires to see anybody hurt or threatened, I think/feel quite the opposite actually, nobody should be either.

Police have a difficult job, and while there are a share of dumbasses and scumbags, God knows I have personally seen one or two, but the ones I have met and occasionally gotten to know have been neither.

I usually cut them some slack, and you should too.