Fixed Penalty Notice - Drunk & Dissorderly (Code DA06)

[d-345]

I have been issued with a fixed penalty notice for alleged drunk and dissorderly behaviour. The police originally wanted to issue a caution for assault (pouring a drink over my cheating ex) but I refused as the only wittness statements were from friends of my ex. The police then passed the case to CPS for prosecution who in turn thru it back for lack of evidence (bias wittnesses). However the police say the CPS said there is enough evidence for a Fixed Penalty Notice for Drunk & Dissorderly Behaviour, which they have now issued. Can this be correct?

In addition to the above I have suspicions the police are trying to pull a fast one as the ticket they issued has no issue date (despite stating it must paid within 21 days) and shows my wrong date of birth (even tho the info was copied from there own records which I know to be correct). Are tickets filled out incorrectly still valid?? Or have they just issued it as one last throw of the dice to get a conviction/statistic!?

[Rollo]

You don't have to accept a fixed penalty notice.

Tell the police/cps to take you to trial - which apparently they don't want to do.

[ABerrant]

It is not accurate to say "don't want to" take to trial; better to say "prefer not to". FPNs are a fast-track system. Refusal of the offer puts you back on the slow-track to possible trial.

Did you act in a disorderly manner? If not fight your case; if you did what is the basis of your complaint?

Incorrect details do not automatically invalidate the process leading to trial.

[dh001]

"Or have they just issued it as one last throw of the dice to get a conviction/statistic!?".

Or, they maybe they have issued the FPN to penalise you for your conduct and to try and deter you from further offending.

[Bjohn]

Hello ahmskunniert - bit off topic but I thought the police were incentified in some way. Happy to hear some clarification on that

[d-345]

No I don't have any previous convictions (or "form"), however I did attend an interview where I gave the officer my personal details. Also I do not understand how I'm meant to pay within 21 days of a undated ticket? 21 days of when??
For the record, I am diggin me heels in over this as the statement of the "victim" / cheating ex is fabricated and totally inaccurate, as are those of the friends who backed it up (although the CPS did realise this reject the friend claims) - I'm arguing the case out of principle.

[dh001]

What, if anything did happen?

[zbearspirit]

In relation to the Fixed Penalty notice you should get a choice whether to pay or not. Part of the process is that they put your fingerprint on the form. If you have done this then pay it, but if you haven't and they have put wrong details on the form, they will not incur extra costs trying to prove it is you.

[sumo19]

I would imagine that you have a duty to inform them of the correct details of the night's events.

What you have is a penalty notice for disorder. If you decide to pay the fine then you will not be admitting guilt and there will be no record of criminal conviction being made against you.

For sensitive job applications such as doctors, the notice may be reffered to on an Enhanced Disclosure check at the Chief of Police's discretion, based on his determination that the notice is relevent to the application.

I'm sure (it must be surely?) that the ticket is still valid, they have your address I assume and so would be able to contact you if you did not pay the fine withing 21 days. It will not be a conviction if you pay. It may be a conviction if you decide to go to court, but this seems unlikely given that they were unable to issue you with a caution due to lack of evidence, and therefore may have difficulty in proving your guilt.

Facts stated are to the best of my knowledge, im sure most of them are correct but please do not rely on them! Hope it helps.