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drunk and disorderly
Former Member
Posts: 1,876,323 The Mix Honorary Guru
Hi
I was in town around 3.30am, when I got hit in the face, I have marks. any way. After he hit me we were shouting at each other.
Then the police came and took me away, they didnt even talk to him, they gave me a fixed penalty notice of £80, they said I was drunk, I said I wasnt, They didnt test me or breathalyse me, should I contest in court. I had several friends their who would back me up. Or shall I just except the fine? thank you
I was in town around 3.30am, when I got hit in the face, I have marks. any way. After he hit me we were shouting at each other.
Then the police came and took me away, they didnt even talk to him, they gave me a fixed penalty notice of £80, they said I was drunk, I said I wasnt, They didnt test me or breathalyse me, should I contest in court. I had several friends their who would back me up. Or shall I just except the fine? thank you
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Comments
Speak to a solicitor about it.
If you want to contest the ticket then there is a section on the back telling you how to do it.
ha ha, that's a joke. We all know the police do many dodgy things.
And definitely speak to a solicitor. If you're quick off the mark you could be able to get hold of some cctv showing you being hit, not the other way around. If the cctv has you on it, you have a right to a copy.
However, why would you consider accepting a fine for something you didn't do? Surely that's not an option?
Absoulte rubbish.
been there done it worn the cuffs.
Rick
If you want to contest it you'll need a solicitor who will be able to gain access to the police evidence on your behalf, ie CCTV and witness statements e.t.c. However once you've requested a court hearing you can't change your mind again, if you've got the CCTV/statements and it does show you at fault you'll still have to appear in court.
you can tell your a copper. they always explain things in way to make you thinks its better to have an easy life and except a punsishment even if your not guilty. dont fall for it. if you not guilty then dont except it simple.
lol.
It's obvious his options weren't explained to him when he got the ticket, I'm just telling him what the procedure is. It's what I explain to people BEFORE i give them the ticket and then i let them decide if they want to accept it or not, reminding them several times that there are alternatives, ie arrest and a court appearance where they may or may not be found guilty.
Guilty or not, he has accepted the ticket and no doubt they'll have a signature on the ticket showing that he accepted it. If he isn't guilty then he needs to challenge it asap and get himself a solicitor who can assist him. Now for drunk and disorderly all the evidence the cop needs is his witness statement and the corroborating statement of any other cops who were nearby saying the guy was drunk and acting in a disorderly manner. A solicitor will help you get access to that statement as well as any CCTV that might assist your case and the testimony of people who were with you.
I've issued a fair few tickets and like to think I know the procedures fairly well. It's clear to me that because of the OP's confusion he is unaware of the procedure.
Now I've explained the procedure it's up to him to decide if he wants to contest it in court. Any good solicitor would spell out what might or might not happen just as I have. There's no point beating around the bush with it, and just saying "if you're not guilty don't accept it" probably isn't the help he was looking for.
I know what sort of 'help' the police are in such cases. They're all to keen to exlpain that accepting a caution is best because it easiest for you, when in actual fact it's because they want a quick and easy one for their statistics.
Now going by what the OP said, and I was arrested for remonstrating with somebody who had just assaulted me I would not be happy. I'd certainly speak to solicitor. NEVER EVER ACCEPT GUILT UNTIL YOU HAVE TAKEN LEGAL ADVICE - even if it costs you, and it would do in a D&D case (only get legal aid I think if there a risk of a custodial sentance). A solicitor will put an end to the sneaky cunts taking advantage.
Harsh! Someones got low opinions of the police eh?
The fact is that he was shouting in the street. (disorderly)
Now i dont know many people who walk around at 3:30 without the intake of drink or drugs. (even if not "drunk")
That seems like a pretty open and shut case to be honest.
Even if he does get the cctv then it will show him shouting in the street which will most probably just act to proove him guilty.
Doesn't mean the advice I've given is wrong though does it? The OP has a choice, challenge the ticket and he might get a conviction as well as a fine, or not. Only he can make that decision. And we have abolustely no incentive to issue tickets, we don't keep the money and they don't count towards the figures, especially drunk and disorderly.
You're acting as if I'm disagreeing with you.
Realistic opinion unfortunately.
I can only go on what the OP said.
I would think that having just been assaulted, you might be a little excited and have some words for your attacker. Also the fact the police neglected to do anything about the assault can also be an issue.
A few years ago I was assaulted be 4 blokes in a pub. Broke two of my ribs. Outside the pub and off duty copper tried to arrest me for being D&D because I was obviously a little upset and when he tried to restrain me I sparked him out. His mates from the station turned up and stuck me in the van without talking to any witnesses or the landlord of the pub or speaking to any of the blokes who assaulted me.
Needless to say they dropped the charges of D&D and assaulting a police officer after I let them know I wished to make a complaint about their conduct.
The police fuck up all the time and do things they shouldn't do. Once arrested do not speak to the police until you have spoke to a brief who'll be able to spot when the police fuck up or when they're being sneaky cunts. That is essential.
Of course they do.
Police love cautions because it means they can get a quite positive result, and poeple often feel pressured into accepting them before having spoken with a brief. I have first hand experience it.
I'm glad you think someone getting a telling off at a police station is a positive result. I personally think it's a cop out. If someone steals something or causes some damage I'm quite happy to put the work in to make sure the victim gets back whatever it was that was stolen or damaged. If someone gets a caution the victim gets nothing.
This just goes to proove my point. A caution is more than a telling off. This is the typical police bullshit you get donw the station to accept a caution and stitch you up. I've heard it loads of times.
This is why you never take legal advice from the police if you have been arrested and always speak to a brief.
Cautions are very handy for the police to issue where a cases may not make it to court or where the evidence against the defendant is patchy at best. So they still get a positive outcome to show that an arrest has actually resulted in a punishment.
Ha! Someone's led a sheltered life eh?
Well done. You really have made a valuable contribution to this thread.
Just so you know, i've had more life experience than most people have in a life time.
I think I could beat you on that one.
lol.
And to be fair, generally the only people out at 0300 in the morning are drunks, burglars, night shift workers and the police so Morph does have a point.
And pissing contests about life experience; if there's one thing certain in life it's that there are people who've seen more of it than you and people who've seen less - so let's not go down that road.
Being disabled isn't an excuse for having the narrowness of mind and/or experience to think that only someone who was inebriated would be walking down a street at 3am, and all the other assumptions he made.
Pot, Kettle, Black
You constantly seem to have a one way opinion with regards to the Authority, from what I have seen from your other posts and even what you have said you've admited to hating the police?
being in the street at 3 in the morning after having a few drinks is not illegal, and remonstrating with somebody who just asaulted you is not illegal either. the op hasnt asked for your opinion on whether hes guilty or not.
Well, if that's how it seems to you. Do you not hate the police then?
too many people have too much faith in the police without ever actually being ablle to justify it. im sure there are plenty of sound coppers but as a institution they are not to be trusted.
Dont really want to hijack the thread but i've served in Iraq, Afghan and Kenya as well as being part of the terrorist training unit for home ground.
After being injured in service i became a manager for a well known chain of petrol stores and ended up travelling the UK to train people.
I've held over 20 jobs in a vast array of different areas of employment, hiked accross a LOT of the uk, traveled to 3 continents, regularly for charity reasons and have had to battle with a rediculous ammount of disabilities.
I have been married and now in the process of divorce, have 3 children and a step son.
I have a lot of life experience, much of it i would rather not have had but this doesn't negate the fact that my oppinion should be respected as other peoples.
Police are only pricks if you act like a prick towards them.
I never said that everybody who walks round at 3:30 is drunk. but my point was that most are and i stand by that.