Disputing charge of DA06 Drunk and Disorderly

[Caz71]

I was arrested and charged for the above offence. I have no recollection of the events that led to me being arrested as I seem to have a blank of about half an hour in which time people have said that I was exremely volatile. My first memory after the event taking place is of being handcuffed. I was definately 100% not drunk, the only thing I can liken it to is when I was date raped a few years back and lost half an hour to three quarters of time so I'm thinking that maybe my drink had been spiked. After being handcuffed a different police officer insisted on walking me round to the station, which I couldn't understand why. I soon realised why as on the way to the station the officer was extremely brutal and I went into shock so by the time I got to the desk sergeant I was hysterical and this led them to believing I was drunk as they could smell alcohol on my breath from the one glass of wine I'd had. I begged to be breathalised time after time but they point blank refused. I am putting in a complaint about the officer who walked me down to the station for his actions (which I'm sure I don't stand a chance) but in the mean time I am left with a penalty and £80 fine for drunk and disorderly. I cannot accept the drunken part of this charge purely on principle and would like to appeal against it but is this worth doing especially as it may result in a court case which I'm worried I wouldn't stand a chance of winning as I have no proof that I wasn't drunk?

[redcrx]

i didnt think that once a charge had been accepted that you could appeal.

but were you out with friends who may be able to be witnesses? did you leave your drink unattended and at risk of being spiked?

[bednobs]

if you weren't drunk and disorderly, you were drugged and disorderly. Same difference really, so i don't really see the problem. You have no idea what you did, by your own admission. You could have had 7 srinks in that time you don't remember, you could have hit the policeman, you could have been in a brawl

[pink-kittens]

what do you class as extremely brutal?

[AKMild]

Are/were you on any medication at the time that could have reacted with the alcohol in the wine? Maybe your GP could advise.

[joko]

the drink part is not the issue here - it is not ilegal to be drunk.. it is the disorderly you are in trouble for...

whether you remember it or not, the fact that police were called and witnesses say you were volatile, means you were likely very out of control...

[exdc]

Hi Caz

If you are going to contest this case then you could really do with professional legal advice regarding to discuss whether you were 'drunk' or not in accordance with the legal definition etc. (Legal aid is not normally granted for this offence unless certain circumstances apply).

Drunk and disorderly in a public place is an easy offence to prove and a police officer is qualified to say whether a person was drunk or not. It is common for staff in the custody block to allow people to continue to 'play up' if arrested for public order offences as the whole area is is montored by CCTV which has audio recording and these tapes can / will be used at trial.

Speak to your friends and ask them for their truthful assessment of what happened that evening, hopefully this can help you decide on what course of action to pursue.

[exdc]

Excuse errors (using mini keyboard)