Charged Section 39 Act 1988 When I Called Police For Help As Taxi Man Attacked Me.

[Kyeb]

On December 10th 2012 i was charged with common assault on a taxi driver.
I had returned from Valencia after going to visit my father who was ill with cancer whilst out there he died and it was a very painful awful death as he was at home with no pain relief and me and my family was helping him and nursing him till he died. As spanish have different laws and my mother could not afford to have him flown over we offered to pay she wanted him with her. So there is 72 hour law in Spain on turn around of funeral. Within one week I was sat with my father and then leaving my mother with his ashes. So this was an upsetting time.
On returning to England i arrived at stanstead Airport at 9pm I then went to a friends in Hitchinas my partner was working night shift and drank quite alot of wine as waqs upset. But this is not the nest thing to do I know nor other peoples fault i was over tired shocked upset and wanted a shoulder to cry on.
At 12:30 i went to the taxi rank opposite my friends house - ive used this taxi rank for 20 years and never any problems but recently a man was attacked upon the same reason as im about to explain. on getting into a taxi I noticed it said £6.80 then £7 before id left the taxi rank i asked how much to ickleford which is just down the road and he said £17 to £20 i argued with him ask him to stop taxi which was in taxi rank and he wanted £7 i said no he would not open the door so i pushed his arm and told him to open the door he then hit me on the side of me face i started crying saying id just lost my dad and was quite drunk and i pushed him back to let me out and screamed let me out let me out. i pressed the button to open central locking and got myself out and shouted to the taxi people behind hes attacked me. They did nothing and the taxi man vanished - I said im phoning the police. I did this from the taxi rank and they arrived but the taxi man reappeared with a cut on his face and had phoned the poilce saying another story saying i had gone up to taxi open hte door spat at him then attacked him from the window. This was not true. I was arrested taken to stevenage police station. They Would not listen to me they would not let me make a phonecall and made it for me and was rude to me. The police officer in arrest said i had crap in my pocket which was a cig butt to which i said i never throw my butts on the floor and i think you will find that it against the law. to which he replied i think put her in the blue suit which i had no idea what he was talking about. I was made to strip all my clothes off and wear a padded top and padded shorts. when in the cell i just cried and cried and cried. I had flesh dna, photgraphs, and fingerprints done in the morning and was put back in the cell. I was in the cell for 17 hours. I got a duty solicitor who turned up in the morning whilst we waited for the transport police who was not at the scence to come and interview me. He told me that the taxi driver was pressing charges for ABH and i said I would like to see the cctv as i knew he attacked me. I was in a bad state from father and to much wine but i know i did not do what the taxi driver made out.
I was released on bail till 15th Jan when i returned a different solicitor represented me from same company - they said they had looked at cctv and it did not show me doing what the taxi driver said and the solicitor was suppose to let me see this prior and defend my case but didnt.Im now on bail till 28th Jan 2012 and my solicitor has been very up supportive - I work as a support worker and if charged with somthing I did not do i will lose my job not be able to pay for my house/bills or look after my children. I really do not know what to do please can somone help as i know im innocent and my life can be over because of a nasty taxi driver and lack of community support and a bad solicitor. Thank you

[bednobs]

you are not innocent - you were drunk and attacked him, from your own account. OK, so you might not have done things in the precise way the driver says, but you did assault him, plus make off without paying. You assaulted him first too.

[bednobs]

ps what sort of "community support" were you expecting?

[Kyeb]

Mark if you read my question properly you will read that the taxi did not leave the taxi rank - I ha not even moved in the taxi. Plus community support - i mean i called the police for support and yes I was drunk but in no way nasty just very upset id just lost my father. You not a very nice man Mark and if you could not give friendly advice then do not read my page nor write on it as I do not need people such as yourself making what is already upsetting for me and my family even more upsetting.

[sherrardk]

Who's Mark?

[Kyeb]

sorry I meant to say Bednobs the person who wrote the answer above. Im asking for legal advice not silly answer that are insulting and rude and he had not read above properly.Thank you

[bednobs]

i am a girl, and my name is not mark, but that's besides the point. you assaulted the taxi driver by your own account. Being upset about it will not change the facts. If you think the police and courts are going to be "friendly" about it, you are wrong.
Perhaps you were so drunk you don't remember clearly what happened

[Kyeb]

bednobs do not write on my page again and please read my question properly - the taxi driver assaulted me first and would not let me get of the taxi what would you do!! You are clearly showing your age now please stay off my page as im asking for legal advice on the cctv as i did not assault him and he is lying as he doesnt not want to get charged and lose his licence that is why he made a story up and it my story has been proven on cctv - read things probably. Before you insult me. goodbye

[EDDIE51]

You admit hitting the taxi driver so you are guilty of common assult.
Under the circumstances you describe , if it goes to court you will get a small fine or a few hours community service so just accept it, plead guilty (so you get the 1/3rd off the sentence) and learn your lesson. This will not mean 'my life will be over' . I would be surprised if you get more than a £50 fine .

[FredPuli43]

What's your complaint about the solicitor? Are you to be tried at the next hearing? So far, the police have acted on what evidence was available to them at that time; a complaint and an injured man, which is consistent with his being assaulted. How you were treated at the police station is exactly how anyone arrested is treated in similar circumstances. You were drunk. The only debatable point is not being allowed one phone call from the police station; normally a right on arrest, but subject to certain conditions.

[EDDIE51]

Your question says '' he would not stop the taxi, so I pushed his arm''
Sorry, but pushing his arm is common assult, just touching someone can be clased as common assult. As I said you are guilty, so just accept it and get on with your life.

[bednobs]

showing what age? The fact i'm in my 30's?
i read your post in which you said: i pushed his arm and told him to open the door he then hit me on the side of me face i started crying saying id just lost my dad and was quite drunk and i pushed him back. You pushed his arm first - you attacked him

[Kyeb]

Thank you Eddie - I did yes because i wanted to get out of the car and two he hit me me first for the reason that on moving a foot forward in the car he wanted £7 and what he said happened did not as has been proven on the cctv - so why hasnt he been charged as well.Thank you Eddie for your answer

[bednobs]

bloody hell, eddie gave the same answer as me ie "you ARE guilty" i get told to shove off, he gets thanks :)

[Kyeb]

bednobs its the way you speak, i pushed his arm. I know what I done.Im asking about court as it could effect my job. i pushed his arm as he locked me in the car - there was a young boy badly attacked by same taxi rank and taxi fair.I felt threatened and wanted to get out the car. i phone the police as i was scared to walk down road. Im asking for legal advice on the fact that the taxi man made up a story of somthing else far worse that I didnt do im asking for advice on that - on the fact the cctv showed what i have said and not what the taxi man said thats what im asking for advice on.he made another story up ive proved he is wrong so why is he not being charged he was far wrong then me.

[FredPuli43]

Incidentally, on what you say, the most you did was push a man. To call that common assault, unless the push was aggressive and unusually forceful, is being highly technical and unrealistic as far as prosecuting is concerned, and nobody would bother charging it. You are not being prosecuted on that basis. You are being prosecuted on the basis of the cab driver's version. If that goes out of the window, the magistrates refusing to believe it, or doubting it, then you should be acquitted. Magistrates will not reject the prosecution's case and then start looking for some other technical assault to convict on instead. They convict on how the prosecution put their case, on the basis for the charge, and nothing else

[Kyeb]

thank you fred - That is what I was wondering as im not aggressive nor a nasty person and it was not a push of heavy handle i just wanted to get out of the car and it did not help me being drunk but i just wanted to know how this would be in court upon the evidence of the cctv that clearly doesnt not match what the taxi driver is saying but I have been true to the situation to the police, solicitor.I just think it is unfair that even what happened im being accused of a story made up from the taxi man and not the actual true offence. thank you

[humbersloop]

Welcome to AB kyeb.

were there any other contributory circumstances?

[Kyeb]

Hello thank you for the gretting humbersloop.I think contributory circumstances would only be that I had only had one days sleep from tragic sudden death of family. Still in state of shock and had not been back from airport but being drunk on wine did not help it and i do not drink to get drunk just happen so on that night as was not thinking straight. Other then that what would you mean in terms of health?? not quite sure what to answer with. Thank you

[Bigeye74]

Look at it from the taxi drivers point of view. He knows that if he doesn't come up with a good story to counter yours, he's in the poo. I am naive to the law but if he was sober and his statement was not factual then it should be dismissed. Ask your solicitor directly and catalogue the answer with times and dates etc. Did you cut his face? How drunk actually were you? Could you have forgotten doing anything?

[humbersloop]

I just wondered if you were in a position to help your mother with decisions about the disposition of your father's ashes in your difficult position.

Or do you have other family in Valencia who may be able to do that?