Ask a Cop: Why is Public Intoxication a Crime?

Is there anything you have ever wanted to know about the Mountain View Police Department? Well, this is your chance to ask.

Whether you have a question about certain laws and how they might affect you, your family or friends, or how to stay safe in certain situations, we want you to ask them. We will run the question(s) and give some answer(s). To submit a question, leave a comment below or email mountainview@patch.com.

Answer provided by Lt. Chris Hsiung.

Question: Why is public intoxication a crime?

Answer: It’s more of a policy/legislative question as to why it’s a crime under Penal Code 647(f). The key factor that MVPD uses is whether or not people are able to care for themselves. We would much rather an extremely intoxicated person be taken home and cared for by a friend or relative. However, in instances when there is no friend or relative to take on that role, we unfortunately have to arrest them and book them at San Jose Main Jail.

Penal Code 647(f): Public Intoxication

647. Except as provided in subdivision (l), every person who commits any of the following acts is guilty of disorderly conduct, a misdemeanor:

(f) 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 he or she is unable to exercise care for his or her own safety or the safety of others, or by reason of his or her 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.

More on Mountain View Patch:

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