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Going to Court

Former MemberFormer Member Posts: 1,876,323 The Mix Honorary Guru
I recived a drunk and disorderly fine for £80, and for one reason or another i do not want to accept it.

It says i have the option of going to court, at the risk of paying for court fees if i loose. Anyone know the price this would be, and what punnishment i would be looking at if i lost

Should i just do the, easiest (but wrong) thing and pay the fine?

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    Former MemberFormer Member Posts: 1,876,323 The Mix Honorary Guru
    i guess its probably not worth the hassle or the outcome....never heard of anyone challenging one to be honest, they give them out round here for fun.
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    Former MemberFormer Member Posts: 1,876,323 The Mix Honorary Guru
    Take legal advice to be honest, you can have costs awarded against you, and this can be about £100 for a magistrates hearing.

    You'd also need some proof that you weren't drunk or disorderly, and you'd need to find a solicitor. This offence does not entitle you to legal costs assistance, so you'd need to pay your solicitor out of your own pocket, although if you won you'd get the money back. So if you lost you'd be paying their costs, and you'd be paying your own costs too.

    If you know you weren't drunk or disorderly, and you can show it, then go for it. But magistrates are far more likely to believe PC Respectable in a 50/50 case.

    This is, of course, why this Government is so keen on on-the-spot fines- they're almost impossible to disprove.
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    Former MemberFormer Member Posts: 1,876,323 The Mix Honorary Guru
    Kermit wrote:
    Take legal advice to be honest, you can have costs awarded against you, and this can be about £100 for a magistrates hearing.

    You'd also need some proof that you weren't drunk or disorderly, and you'd need to find a solicitor. This offence does not entitle you to legal costs assistance, so you'd need to pay your solicitor out of your own pocket, although if you won you'd get the money back. So if you lost you'd be paying their costs, and you'd be paying your own costs too.

    If you know you weren't drunk or disorderly, and you can show it, then go for it. But magistrates are far more likely to believe PC Respectable in a 50/50 case.

    This is, of course, why this Government is so keen on on-the-spot fines- they're almost impossible to disprove.

    Thanks for your advise. I think i may aswell just give in, and spend my weeks wages on the fine

    I was proberly "disorderly" I was certainly not drunk. I have reason to belive my drink was spiked, due to not remembering anything about it, when i saw the ticket the next morning i thought it was a joke, especially it had my signature, which was just a mark with a pen they must have given me.

    I guess, saying to the court " I only had three pints, and im never normally like this" will not go down to well. My friends were witnesses but i do not want to drag them into this, we all have exams and other more important things to do.

    But what i want to know is, if i were in such a state, why was i alowed to be realsed onto the street, surely i should have spent the night in the cell for my own safety? and not told "ive you sign and accept this, you can go"
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    Former MemberFormer Member Posts: 1,876,323 The Mix Honorary Guru
    well my brother (16) told me today how he knew of this lad at school who got a drunk and disoirderly fine, and had to get his mum and dad to pick him up from the station etc

    and this turned out to be one of the most respected members of the school, who just turned out couldnt handle the drink at all
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    Former MemberFormer Member Posts: 1,876,323 The Mix Honorary Guru
    Well you most of been drunk and disorderly to get a drunk and disorderly fine!
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    Former MemberFormer Member Posts: 1,876,323 The Mix Honorary Guru
    i'd pay it rather than sit on it too, my mate has one thats run up to hundreds of pounds because he's never paid it. so i'd just take this one on the chin and learn your lesson.
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    BunnieBunnie Posts: 6,099 Master Poster
    Kermit wrote:
    Take legal advice to be honest, you can have costs awarded against you, and this can be about £100 for a magistrates hearing.

    You'd also need some proof that you weren't drunk or disorderly, and you'd need to find a solicitor. This offence does not entitle you to legal costs assistance, so you'd need to pay your solicitor out of your own pocket, although if you won you'd get the money back. So if you lost you'd be paying their costs, and you'd be paying your own costs too.

    If you know you weren't drunk or disorderly, and you can show it, then go for it. But magistrates are far more likely to believe PC Respectable in a 50/50 case.

    This is, of course, why this Government is so keen on on-the-spot fines- they're almost impossible to disprove.
    :yes: im with Kermit on this, and its unlikey you will find anything to prove you werent drunk or disorderly. If it is a matter of principle, then ok fine go ahead and contest, i can understand that, but you will end up paying much more in the long run. good luck sweetie!
    x
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    Former MemberFormer Member Posts: 1,876,323 The Mix Honorary Guru
    Well you most of been drunk and disorderly to get a drunk and disorderly fine!

    :lol:
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    Former MemberFormer Member Posts: 1,876,323 The Mix Honorary Guru
    Well you most of been drunk and disorderly to get a drunk and disorderly fine!

    Not really, a dodgy cop or a annoying wanker pc could give you a fine just for shouting, like kermit said its hard to disprove the fines and they can get away with it more,
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    Former MemberFormer Member Posts: 1,876,323 The Mix Honorary Guru
    Coppers will dish out D&Ds because they're easy money, and there's little you can do about it.

    You don't get legal aid for this offence, so that means no solicitor at the police station and no representation in court. It's almost impossible to disprove it because its your word against the copper's, and its rare a magistrate will disbelieve PC Respectable against Filthy Young Little Oik.

    It's a great way for coppers to bump up their figures, get some cash into the nick, and pick on people they simply don't like the look of. That's life, really.
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    Former MemberFormer Member Posts: 1,876,323 The Mix Honorary Guru
    olaola wrote:
    Thanks for your advise. I think i may aswell just give in, and spend my weeks wages on the fine

    I was proberly "disorderly" I was certainly not drunk. I have reason to belive my drink was spiked, due to not remembering anything about it, when i saw the ticket the next morning i thought it was a joke, especially it had my signature, which was just a mark with a pen they must have given me.

    I guess, saying to the court " I only had three pints, and im never normally like this" will not go down to well. My friends were witnesses but i do not want to drag them into this, we all have exams and other more important things to do.

    But what i want to know is, if i were in such a state, why was i alowed to be realsed onto the street, surely i should have spent the night in the cell for my own safety? and not told "ive you sign and accept this, you can go"

    To be honest that sounds like a defenition of being drunk, if you can't remember it the next morning and were unable to sign your name. If you're drink was spiked it may not be your fault, but the 'only had three pints and I'm not normally like this' doesn't sound like much of a defence I'm afraid.

    I think they're may be a lesson in making sure your drinks never left unattended...
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