Below is the CA law as she was charged. She can plead not guilty at the preliminary hearing and request the Public Defender at that time. If there was no breath, blood test administered, then the police will only have their word against hers and any witnesses she may be able to present.
If she files her appearance Pro Se in the matter, then she can write for the police report and they need to provide it. Otherwise, they do not
647. Every person who commits any of the following acts is guiltyof disorderly conduct, a misdemeanor:
(a) Who solicits anyone to engage in or who engages in lewd ordissolute conduct in any public place or in any place open to thepublic or exposed to public view.
(b) Who solicits or who agrees to engage in or who engages in anyact of prostitution. A person agrees to engage in an act ofprostitution when, with specific intent to so engage, he or shemanifests an acceptance of an offer or solicitation to so engage,regardless of whether the offer or solicitation was made by a personwho also possessed the specific intent to engage in prostitution. Noagreement to engage in an act of prostitution shall constitute aviolation of this subdivision unless some act, in addition to theagreement, is done within this state in furtherance of the commissionof an act of prostitution by the person agreeing to engage in thatact. As used in this subdivision, "prostitution" includes any lewdact between persons for money or other consideration.
(c) Who accosts other persons in any public place or in any placeopen to the public for the purpose of begging or soliciting alms.
(d) Who loiters in or about any toilet open to the public for thepurpose of engaging in or soliciting any lewd or lascivious or anyunlawful act.
(e) Who lodges in any building, structure, vehicle, or place,whether public or private, without the permission of the owner orperson entitled to the possession or in control of it.
(f) Who is found in any public place under the influence ofintoxicating liquor, any drug, controlled substance, toluene, or anycombination of any intoxicating liquor, drug, controlled substance,or toluene, in a condition that he or she is unable to exercise carefor his or her own safety or the safety of others, or by reason ofhis or her being under the influence of intoxicating liquor, anydrug, controlled substance, toluene, or any combination of anyintoxicating liquor, drug, or toluene, interferes with or obstructsor prevents the free use of any street, sidewalk, or other publicway.
I agree with you the breath test only lends to that portion of the law that states "intoxicated"
Unfortuately, I do not have access to any case laws and cannot provide those. But you could certainly use a law library to find them or go on your experience. If it was only a matter of them bringing her in to you for her safety, then you can contact the DA and try to have the matter dismissed
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