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jinxed45
10-26-04, 07:27 PM
I live in Ventura County of Southern California, the Ventura Sheriff's Department picked me up for violations: PC 647(F) Drunk in Public / BP 25662(A) Minor in Possession of Alcohol.

I was sleeping in my car in an apartment complex (keys not in ignition - so no DUI), after attending a party in the complex. I was in no shape to drive, so I slept in my car. Next thing I know, I'm blowing into a breathalizer and score a .08 BAC. Cuffed and off to County Jail.

Not making excuses; it was illegal for me to be "drunk in public" and possess the alcohol since I am 19 (20 on 5th of Nov).

Anyone who has had these violations, please let me know what your punishments were. Two friends of mine recieved MIPs a year ago and only had four AA meetings and a letter to the Judge (nothing else). Others have told me that I would lose my driver's license for up to a year (but that's just word of mouth). Thanks for anyone's help.

P.S. - If this may change punishment: Full-time Moorpark College student, Wells Fargo Bank employee, First Offense (not even traffic violations).


JD45
10-26-04, 08:11 PM
The fine depends on what county you live in. You're drivers license shouldn't be affected because you were charged with a B&P code instead of a CVC code.

On the 647(f), how long did you spend in jail?

jinxed45
10-26-04, 08:14 PM
They let me out after eight hours approximately. Went in about 3AM, came out about 11AM.. They liked my sense of humor and let me out before others that were there before me with same charges :)


jinxed45
10-26-04, 08:19 PM
In another case (was jailed for no reason but I was with someone drunk - honest), I had to spend almost 18 hours in there because my friend was obnoxious. This was Santa Barbara County Jail after Halloween last year.

Retired Trooper
10-26-04, 08:23 PM
Im just glad for someone to ask a question but yet agree that they were in the wrong.

JD45
10-26-04, 08:34 PM
If you have your booking paperwork see if there is a section on it labled
849(b)(2). That is a for a detention release with no criminal charges filed. You might have to pay a processing fee of some sort. Corporal would probably be the best to answer this question though.

jinxed45
10-26-04, 08:40 PM
I agree, everyone usually tries to BS their way out of things when they know they are wrong. Who are they trying to fool, judges of all are not idiots.

I do, however, disagree with the reasons for arresting me. I am NOT denying the violations, but the officers could have easily turned the other way since I was doing no harm to anyone, sleeping in my car. Understandable that they were "doing their jobs," but there's good judgement and bad (something that judges make everyday).

It is said that the laws created are not ment to be set rules; but to be guidelines in making decisions on which situations are acceptable and which ones are not.

Sleeping Under the Influence ought to be a new violation punishable with a bucket of beer thrown on you instead.

jinxed45
10-26-04, 08:46 PM
As for the 849(b)(2), I don't see any of it in the booking paperwork. BUT, I also don't see any of it in my other experience where all charges were dropped.

I DID, however, recieve a letter from the County a couple weeks later (during the first incident), with an 849.5 / 851.6 Penal Codes. May it's on the way? :)

849.5: In any case in which a person is arrested and released and no accusatory pleasing is filed charging him with an offense, any record of arrest of the person shall include a record of release. Thereafter, the arrest shall not be deemed an arrest, but a detention only.
851.6(b): In any case in which a person is arrested and released and no accusatory pleasing is filed charging him with an offense, the person shall be issued a certificate by the law enforcement agency which arrested him destribing the action as a detention.

txinvestigator1
10-26-04, 08:49 PM
The officers did not "turn the other way" because they wanted to get your attention. Did they do that?

While you may not agree with the purpose of the arrest, I do. And I bet the other LEO's here do too.

jinxed45
10-26-04, 08:50 PM
*pleading, not pleasing.

So according to the penal codes, since I WAS released and no accusatory pleading was filed (or was there?) I will not have an arrest on record? All I recieved was my items back, the notification of appearance and own recognizance release, and inmate's property receipt. Please correct me if I'm wrong, thanks!

JD45
10-26-04, 08:51 PM
*pleading, not pleasing.

So according to the penal codes, since I WAS released and no accusatory pleading was filed (or was there?) I will not have an arrest on record? All I recieved was my items back, the notification of appearance and own recognizance release, and inmate's property receipt. Please correct me if I'm wrong, thanks!

We still show it in our county as an arrest in our county record. Your best bet would be to call that county and ask them at this point.

Toeknee112
10-26-04, 08:56 PM
I agree, everyone usually tries to BS their way out of things when they know they are wrong. Who are they trying to fool, judges of all are not idiots.

I do, however, disagree with the reasons for arresting me. I am NOT denying the violations, but the officers could have easily turned the other way since I was doing no harm to anyone, sleeping in my car. Understandable that they were "doing their jobs," but there's good judgement and bad (something that judges make everyday).

It is said that the laws created are not ment to be set rules; but to be guidelines in making decisions on which situations are acceptable and which ones are not.

Sleeping Under the Influence ought to be a new violation punishable with a bucket of beer thrown on you instead.


WRONG! WRONG! WRONG!
If the officers had left you alone how do they know that you wouldn't start the car up and take off as soon as they left and crash and kill someone or yourself? Or that the alcohol was still taking effect and that you became so drunk that you could have choked on your vomit and died?
I think they were doing you a favor.

jinxed45
10-26-04, 09:10 PM
WRONG! WRONG! WRONG!
If the officers had left you alone how do they know that you wouldn't start the car up and take off as soon as they left and crash and kill someone or yourself? Or that the alcohol was still taking effect and that you became so drunk that you could have choked on your vomit and died?
I think they were doing you a favor.

I agree with you in that they may have been concerned for health reasons, also deciding to drive while still drunk, BUT it became apparent that I was not SO drunk to them when I blew a .08% (the legal limit for 21 years of age). I am a week short of 20 years of age. Being 20 vs 21 and having the legal limit (other than the fact of being legal) shouldn't be too different in the way a human body would react. There were no open containers anywhere, only a few beers left in the closed/concealed trunk. I was parked perfectly in a Guest parking spot.

Like I said: Laws were created to be guidelines, since it is impossible to apply them justly to every situation.

Toeknee112
10-26-04, 09:17 PM
So you deciding to drink while you are not yet 21 is just you fudging the guidelines?

jinxed45
10-26-04, 09:45 PM
So you deciding to drink while you are not yet 21 is just you fudging the guidelines?

I already said I agree that I am guilty of the violations. But do you think there is a difference (outside of legal issues - more on moral/ethics issue) that being 20 rather than 21 is a big difference in being drunk? Please let me know, all the opinions and information on this board is great, thanks to all. I'm new here.

txinvestigator1
10-26-04, 09:46 PM
I agree with you in that they may have been concerned for health reasons, also deciding to drive while still drunk, BUT it became apparent that I was not SO drunk to them when I blew a .08% (the legal limit for 21 years of age). I am a week short of 20 years of age. Being 20 vs 21 and having the legal limit (other than the fact of being legal) shouldn't be too different in the way a human body would react. There were no open containers anywhere, only a few beers left in the closed/concealed trunk. I was parked perfectly in a Guest parking spot.

Like I said: Laws were created to be guidelines, since it is impossible to apply them justly to every situation.


You are not suppose to drink AT ALL at 19. So do they now have your attention.

Man we are raising a bunch of cry-babies.

jinxed45
10-26-04, 11:50 PM
I am not here to quarrel with a "LEO" that cannot communicate in a mature or professional fashion. I never complained for being arrested and never disagreed with the fact that I committed the violations. I simply replied to a comment that I do not agree with the officer's judgment on the situation. Dodging a straight forward question and replying with "Man we are raising a bunch of cry-babies" is very immature for any "LEO" to do. Thanks for your opinions and time, I'm done with you..

Regardless of your opinions on good/bad judgements, my initial question:

Does anyone from Ventura County Sheriff's Department know the punishments for the violations stated previously? Thanks in advance.

jinxed45
10-26-04, 11:53 PM
Also, thanks to JD45 for the information provided earlier; it's appreciated.

txinvestigator1
10-27-04, 12:28 AM
Also, thanks to JD45 for the information provided earlier; it's appreciated.


If you are so mature find it yourself. You are being a whiny little baby, "it was bad judgement that I broke the law and will be held accountable."

I communicate just fine. You just don't like the message.

You have no basis to judge immaturity, BTW.

As far as the rest of your rant;

http://img.photobucket.com/albums/v484/txinvestigator/Jokes/meter.gif

Legoate
10-27-04, 12:34 AM
Personally, I would have arrested you also. Like someone else said, I'd be afraid you'd drive off after I left.
Truthfully, you should be happy you didn't get charged with DUI. You were in control of the vehicle, and you were sitting in the drivers seat, IMHO that's enough to book you on. You may have been able to get a lawyer, fight it, and eventually win, but not before you had lost your license, lost your car to a tow yard, and spend some time in jail.
Just chalk this one up as a learning experience and move on. It's really not a big deal.

jinxed45
10-27-04, 01:04 AM
Thanks Legoate, I know it's not a big deal.. Just wanted some recent information as to what I am looking at.

txinvestigator1, nothing needs to be said really.. anyone reading your posts know what I mean.

txinvestigator1
10-27-04, 01:07 AM
Thanks Legoate, I know it's not a big deal.. Just wanted some recent information as to what I am looking at.

txinvestigator1, nothing needs to be said really.. anyone reading your posts know what I mean.


You have nothing to say because I will spank you again. I have the 2nd highest positive rep here bubba, so I guess those reading my posts approve of the things I write.

Good luck in court.

Toeknee112
10-27-04, 01:12 AM
(((smack-smack)))

jinxed45
10-27-04, 01:40 AM
You have nothing to say because I will spank you again. I have the 2nd highest positive rep here bubba, so I guess those reading my posts approve of the things I write.

Good luck in court.
That's laughable.. CONGRATS!! EVERYBODY! He has the 2ND highest positive rep in an INTERNET FORUM FULL OF COPS and "LEOs."

Good job. Seriously. haha