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Going to court for drunk and disorderly

Former MemberFormer Member Posts: 1,876,324 The Mix Honorary Guru
Hi

I was arrested 2 times when i was 18 for D&D (drunk and disorderly) and recived a caution the first time then an £80 fine the 2nd time.

I am now 21 and ended up getting arrsted last Novermeber for D&D again, and got another £80 fine.

Last friday i went out and my sister ended up getting into a spot of trouble with another girl and a bit of fight got started, i wasnt involved in any violence but was shouting etc, the old bill came down and again, i got arrested for D&D. Stupid i know but it all happned so quick and i reget being so wasted now.

Anyway i have to go to court this friday, i was wondering if anyone here knows someone or themselves have been in court for D&D and what to expect? i have never been to court before so am getting quite worried and dont really know what to do. I was told i dont really need a solisiter so i am going to arrive early and use the duty one.

The old bill told me i was likey to get a fine but i am worried that i may get community service or an asbo! :no:

Does anybody know whats most likely to happen? x

Comments

  • Former MemberFormer Member Posts: 1,876,324 The Mix Honorary Guru
    First off as Kermit will tell you the police aren't there to give you legal advice, they're there to arrest / charge / help convict you. So ignore any legal advice they give you.

    Second, well it seems you were in a bad situation. If you were innocent then it will probably be ok, but if your sister got into (started?) a fight and you were drunk and shouting insults when the police arrested you, then it's going to be slightly harsher on the sentencing.

    My only real advice would be to get legal advice (free or otherwise) as the police will probably advise you to say whatever makes their job of getting you sentenced easiest. The old favourite 'if you confess you'll just get a caution'.
  • Former MemberFormer Member Posts: 1,876,324 The Mix Honorary Guru
    well i am pleading guilty as there is no avoiding the fact i was drunk and proberly abusive on the street. the night was going fine untill my sister and that girl started kicking off *sigh* i was well drunk though i will admit that.

    my court apperance is in 4 days so i dont really have time to go down to a solisters office as i work long hours and i have phoned up a few offices and none of them will see me after hours and i cant take anytime off work this week as i have already booked friday off to appear in court (i told my boss i had a family commitment)

    i am hoping the duty solister (sp?) at the court will be all i need where i am pleading guilty and not trying to fight them.

    i just wosh i knew what to expect, fine? communtiy service? asbo? pub watch??? argggg its all well confusing! :(

    xx
  • Former MemberFormer Member Posts: 1,876,324 The Mix Honorary Guru
    Hi. from dealing with previous cases, I wouldn't worry too much, you're hardly a crime lord, however,
    You will get a fine, the minimum anyone can expect for D&D nowadays is £80. With this being your third it might be a bit more.
    Community service? It's possible you'll get a few hours.
    Banned from the pubs? Quite likely
    An ASBO? Extremely unlikely, the amount of time and effort that goes into getting an ASBo granted against you means you probably won't.

    Of course, all this could be wrong, yours might be a special case, although I think the fact that you've only got D&D to your name, you should be ok.

    One thing though, I'm assuming the previous fines you had were fixed penalties. You'll have to check with a solicitor but I don't think they are disclosable, certainly not on a criminal record check anyway. The idea is that you buy your innocence with them.
  • Former MemberFormer Member Posts: 1,876,324 The Mix Honorary Guru
    It's unlikely that you'll get legal aid with a solicitor at the court because generally you can only get legal aid if you are likely to be sent down or if you cannot follow the proceedings. You probably wouldn't have even got representation at the police station for D&D for the same reason.

    D&D is a fairly minor offence, you'll probably get a fine, but the fine will be more than £80, maybe around the £200 mark, plus costs. If you can't afford it ask the Magistrate to set the repayment rate at something you can afford. You might get a bit of community service, depends on the bench and what you actually did. You won't be sent to prison.

    Ring up a solicitor and ask their advice, most are happy to have a quick chat with you about it but they are very unlikely to go to court with you unless you have problems with the language or you have mental health difficulties. The Duty will probably have a talk with you about everything but may not represent.

    AFAIK the fixed penalty notices are not disclosable, but convictions are. A conviction for D&D shouldn't cause too many problems but some employers won't like it.
  • Former MemberFormer Member Posts: 1,876,324 The Mix Honorary Guru
    AFAIK the fixed penalty notices are not disclosable, but convictions are. A conviction for D&D shouldn't cause too many problems but some employers won't like it.

    Not that I know about such legal matters but I did have a job processing CRB forms for a while, and Fixed Penalty notices did show up on Enhanced Disclosures.
  • Former MemberFormer Member Posts: 1,876,324 The Mix Honorary Guru
    hi

    thanks 4 all your replys, i dont mind paying a fine as i know they let you pay it off monthy or weekly if you are pretty skint, i do work full time but i am on a very low wage as im not yet old enough to qualify for minium wage (u gotta be 22) so i earn pennys basically.

    I would be happy to just receive a fine, i would die if i had to do community service at the weekends as i travel alot to see my bf at the weekends as we are in a long distance relationship and that would really mess things up for me and him :(

    I did ring up a few solicters offices and all of them said they would not give out information or advice over the phone so i just had to leave that and hope the duty solicter can help me.

    I am due in court at 10.30am, i was thinking about arriving an hour early at 9.30am to give me time to speak to the duty solicter, do u think this will be enough time? xx
  • Former MemberFormer Member Posts: 1,876,324 The Mix Honorary Guru
    It's your own bleeding fault to be honest! You obviously havent learnt anything being nicked two times before! I mean £80's a let off IMO, this is considering the havoc you selfishly wreak on ordinary law obiding people who are just out for a few drinks and a takeaway!

    Dont get into such a state drinking and things like this wont happen! Take some responsibility before its too late!
  • Former MemberFormer Member Posts: 1,876,324 The Mix Honorary Guru
    excuse me, but i came on here for some advice and information, if you dont like it then stop viewing my thread ok!!!!!

    YOU dont have a clue what happned that night, my sister was almost getting beaten up, what the hell do you expect me 2 do?? stand there and watch?? i dont think so... !!! no other "ordinarly law obiding people" were there anyway, it was down the road from the pubs and no body was about!
  • Former MemberFormer Member Posts: 1,876,324 The Mix Honorary Guru
    MancDan wrote: »
    It's your own bleeding fault to be honest! You obviously havent learnt anything being nicked two times before! I mean £80's a let off IMO, this is considering the havoc you selfishly wreak on ordinary law obiding people who are just out for a few drinks and a takeaway!

    Dont get into such a state drinking and things like this wont happen! Take some responsibility before its too late!

    Gee, that's fucking helpful, nobhead.

    Get a grip of yourself.
  • Former MemberFormer Member Posts: 1,876,324 The Mix Honorary Guru
    Kermit wrote: »
    Gee, that's fucking helpful, nobhead.

    Get a grip of yourself.

    lol x2

    im near sure you can get legal aid, i got legal aid when i was up in court several times over one disorderly behaviour charge .. i reckon it'll just be another fine

    previous charges are a pain in the arse though, the police take the liberty to search me and every single one of my mates if we get stopped due to a stupid possesion of class c caution :mad:
  • Former MemberFormer Member Posts: 1,876,324 The Mix Honorary Guru

    im near sure you can get legal aid, i got legal aid when i was up in court several times over one disorderly behaviour charge .. i reckon it'll just be another fine



    i dont have time to go see any solicters as got court in 3 days and they wont see me out of hours!! arg! hopefully the duty one can help.

    xx
  • Former MemberFormer Member Posts: 1,876,324 The Mix Honorary Guru
    Why cant you go see someone in hours then?

    To be fair, the number of times this has happened, might be worth looking into the cutting back on the drinking.
  • Former MemberFormer Member Posts: 1,876,324 The Mix Honorary Guru
    z- wrote: »
    im near sure you can get legal aid, i got legal aid when i was up in court several times over one disorderly behaviour charge .. i reckon it'll just be another fine

    You're in a different legal jurisdiction with different legal aid funding rules.

    In England you will usually only get legal aid if there is a chance of imprisonment or if you cannot follow the proceedings. You cannot be imprisoned for drunk and disorderly so its less likely that she'll get legal aid.

    For simple D&D the duty solicitor at the police station won't represent during interview either, because they don't get paid for it.

    Some public order offences do carry prison tariffs (such as racially aggravated disorderly behaviour under s4 Criminal Justice Act 1969) and she'd probably get legal aid if she'd been charged with a more serious disorder offence.

    Clearly though she isn't too concerned by it all otherwise she'd be getting legal assistance rather than making excuses. The lecturing from MancLad wasn't on but really the OP needs to consume less alcohol if she cannot watch her tongue.
  • Former MemberFormer Member Posts: 1,876,324 The Mix Honorary Guru
    yes yes i do plan to cut down on the old drink. and i am not making excuses, as i said in an eairler post i work long hours and i already have friday off this week so i cannot take any more time off! my place of work is also a fair distance from town so it would take me a long time to get there and back as i dont drive and my lunch hour wouldnt be enough as iv herd that most offices arange an hours appoinment?? not 100% on that one though.

    I'm just going to go down, look smart and just get if over with. its hardly crime of the century and i am pleading guilty so i don't really need representing, I am just going to explain to the judge that i'm sorry for what happned etc.
  • Former MemberFormer Member Posts: 1,876,324 The Mix Honorary Guru
    Kermit wrote: »
    Gee, that's fucking helpful, nobhead.

    I love you!
    excuse me, but i came on here for some advice and information, if you dont like it then stop viewing my thread ok!!!!!

    YOU dont have a clue what happned that night, my sister was almost getting beaten up, what the hell do you expect me 2 do?? stand there and watch?? i dont think so... !!! no other "ordinarly law obiding people" were there anyway,

    No I don't, your right! Still I'd say it's fairly reasonable for me to make assumptions based on the fact you've been nicked two times before! Which means you've re-offended before this incident even came to place! Some people just aren't going to give you any sympathy, at all! What on earth do you expect?! The 'oh my gawwwd, I'm going to court, help me!' suck up, didn't rub on me, and wound me up a little. If you'd of come on here, explaining your situation without the little sick puppy attitude i.e. "I've been stupid, made a few mistakes, I'm paying for it, I was just after some advice?" then fair enough! anyway....

    I am sorry for coming across so abrasively conservative! I'm just a little tired of D&D stories at the minute, there everywhere in the news and cases of D&D have sometimes in the past, ruined my night out!

    Good luck!
  • Former MemberFormer Member Posts: 1,876,324 The Mix Honorary Guru
    MancDan wrote: »

    What on earth do you expect?! The 'oh my gawwwd, I'm going to court, help me!' suck up, didn't rub on me, and wound me up a little. If you'd of come on here, explaining your situation without the little sick puppy attitude i.e. "I've been stupid, made a few mistakes, I'm paying for it, I was just after some advice?" then fair enough! anyway....

    ok first of all if u botherd to read my orignal post properly you would see that i said what i done was stupid and i regret it.

    and i dont have a "sick little puppy attitude", when have i ever said such things as "oooh im innocent, i dont deserve this! WHY ME???!!!"... NEVER!

    i asked people for advice and information, i didnt ask them to feel sorry for me.

    Also, just because some of your nights out may have been ruined because of piss heads is not my fault. you dont have any idea of the situations i got arrsested in so dont go assuming.
  • SkiveSkive No discipline. No morality. No respect. New ForestPosts: 15,103 I eat threads for breakfast
    MancDan wrote: »
    Some people just aren't going to give you any sympathy, at all! What on earth do you expect?!

    She didn't ask for sympathy. She asked a legitmate question about what she can expect. This is the sort of thing these boards are here for.

    MancDan wrote: »
    The 'oh my gawwwd, I'm going to court, help me!' suck up, didn't rub on me, and wound me up a little.

    She asked for help because she doesn't know what to expect, and she wanted to know the best way to deal with the situation. She didn't ask for opinions on whether or not she deserved it.

    Sort it out.
  • Former MemberFormer Member Posts: 1,876,324 The Mix Honorary Guru
    i went down to court, wasnt alowed to see the duty, dont know why. i received a £205 fine which i am happy about as no communtity service etc.

    thank you for all your information and comments xxx
  • Former MemberFormer Member Posts: 1,876,324 The Mix Honorary Guru
    ±Lover± wrote: »
    i went down to court, wasnt alowed to see the duty, dont know why. i received a £205 fine which i am happy about as no communtity service etc.

    thank you for all your information and comments xxx

    just hope you learn your lesson this time
  • Former MemberFormer Member Posts: 1,876,324 The Mix Honorary Guru
    ±Lover± wrote: »
    i went down to court, wasnt alowed to see the duty, dont know why.

    I told you: you can't get legal aid for D&D.
  • Former MemberFormer Member Posts: 1,876,324 The Mix Honorary Guru
    yes well its all over with and thanks again for your advice. im going to stay away from trouble at all costs. x
  • Former MemberFormer Member Posts: 1,876,324 The Mix Honorary Guru
    until next time eh :p
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