My husband was on his own property he was drunk they cuffed him on his own property and took him in the car took him to jail and gave him a ticket for drunk in public. What will happen?
First, getting a ticket doesn’t mean that charges will be filed, and if you get an attorney (recommended) then your attorney may be able to get any charges dropped (either by pointing out that your husband’s conduct doesn’t violate the law, or by agreeing to AA meetings or a conditional dismissal as long as your husband doesn’t violate the law for a certain length of time), or fight the charges and exonerate your husband. Second, whether someone is “drunk in public” in violation of California Penal Code Section 647(f) depends in part on whether someone is intoxicated to the degree that he is unable to exercise care for his own safety, not just “drunk.” Third, whether someone is “drunk in public” in violation of 647(f) depends in part on what is “public.” Generally, courts will use the definition from the California Supreme Court of an “area open to common or general use,” which theoretically could include someone’s front yard, unless it is fenced and closed. This is not a terribly comp
