Society & Culture Challenging a 'Drunk in a Public Place' fine.

[Geelong_Sicko]

In all my years drinking I've never been arrested. Until Saturday night. So now I've got a fine for nearly six hundred dollars. The desk sergeant said I could write a letter asking for the fine to be struck out due to my clean record. Has anyone else got any experience with this kind of thing?

 

[Max Rockatansky]

$600 ! That's one hell of a hangover !

 

[Geelong_Sicko]

$600 ! That's one hell of a hangover !

I know. I couldn't believe it. I wasn't violent, and I didn't resist arrest or anything. It's an absolutely ludicrous charge, to be honest.

 

[bradrowe#32]

Such a ridiculous penalty for something relatively minor.

 

[Bosun]

So whats the go? You were just stumbling down the street, cops noticed it and pulled you up?

If so thats bullshit, dont like your chances of fighting it though.

 

[_Christoh_]

Were you breath tested? Did you admit being drunk? What proof did they have that you were drunk? At what point is someone deemed intoxicated?

These are questions that would need to be answered first. $600 is freakin huge, I dont think there is an equivalent charge here in SA, being drunk in public alone is not an offence here.

 

[shinboner spiggs]

i got picked up for drunken disorderly when i was 17, but amazingly i was let out at the station with nothing but a slap on the wrist. it really depends on the cops

 

[Pie eyed]

In all my years drinking I've never been arrested. Until Saturday night. So now I've got a fine for nearly six hundred dollars. The desk sergeant said I could write a letter asking for the fine to be struck out due to my clean record. Has anyone else got any experience with this kind of thing?

Let's not hear of you bad mouthing Pies supporters then me laddy.
Seriously though what did you do to warrant a six hundred dollar fine, which I'm assuming was an "on the spot" jobby at the local Bobbie discretion.

 

[Geelong_Sicko]

Let's not hear of you bad mouthing Pies supporters then me laddy.
Seriously though what did you do to warrant a six hundred dollar fine, which I'm assuming was an "on the spot" jobby at the local Bobbie discretion.

I seriously didn't do anything to warrant the fine! I was drunk - I don't intend to contest that part of it. I'd tripped on a rough bit of concrete and cut my hand up as I tried not to fall over. So here I was sitting in a doorway looking at my bleeding hand when a police minibus AND a divvy van rolled down the road, obviously saw me and stopped. I co-operated fully with them, I didn't resist them or badmouth the officers or cause them grief in any way. They just told me to come with them and sleep it off for a while, as it wasn't safe out there.

So I went with them, back to the city watch house. I was detained for six hours and they give me a copy of the charge sheet. $560! The woman on the desk says that I can ask for the fine to be struck out as it was my first offence of that nature, I wasn't disorderly or aggressive and I'd already spent time in custody.

I'll write the letter and report back here - there's actually very little on the Net as to how to go about contesting a "drunk in a public place" fine, which seems to be a uniquely Victorian law.

 

[Geelong_Sicko]

Were you breath tested? Did you admit being drunk? What proof did they have that you were drunk? At what point is someone deemed intoxicated?

These are questions that would need to be answered first. $600 is freakin huge, I dont think there is an equivalent charge here in SA, being drunk in public alone is not an offence here.

I wasn't breath-tested. I didn't admit to being drunk or anything like it. The only words I had with the police were when they were releasing some other bloke I asked when I was gonna be let out. "When we feel like letting you out." was the short, sharp reply. Another hour and a bit and I was out. Six hours in all.

 

[radiojake]

I seriously didn't do anything to warrant the fine! I was drunk - I don't intend to contest that part of it. I'd tripped on a rough bit of concrete and cut my hand up as I tried not to fall over. So here I was sitting in a doorway looking at my bleeding hand when a police minibus AND a divvy van rolled down the road, obviously saw me and stopped. I co-operated fully with them, I didn't resist them or badmouth the officers or cause them grief in any way. They just told me to come with them and sleep it off for a while, as it wasn't safe out there.

So I went with them, back to the city watch house. I was detained for six hours and they give me a copy of the charge sheet. $560! The woman on the desk says that I can ask for the fine to be struck out as it was my first offence of that nature, I wasn't disorderly or aggressive and I'd already spent time in custody.

I'll write the letter and report back here - there's actually very little on the Net as to how to go about contesting a "drunk in a public place" fine, which seems to be a uniquely Victorian law.

Where the hell was this? In the CBD?

Man, as far as I am concerned, 6 hours in the watch-house is already enough of a punishment! You already have done the time (for an otherwise miniscule crime.. if you could call it that) -

 

[Buddy23#]

What about a $188 dollar fine for putting your feet on the chair of a train with only two other people in the carriage. One female giving me the fine, with three meatheads around her ready to smother me to death at the hint of movement. Cvnts.

 

[RoosterLad]

What about a $188 dollar fine for putting your feet on the chair of a train with only two other people in the carriage. One female giving me the fine, with three meatheads around her ready to smother me to death at the hint of movement. Cvnts.

This might be in relation to wiping the s**t from the bottom of your shoes on the seats where people have to sit.

I am not sure if that is why this law is in place but that is my guess anyway.

 

[Buddy23#]

This might be in relation to wiping the s**t from the bottom of your shoes on the seats where people have to sit.

I am not sure if that is why this law is in place but that is my guess anyway.

Not much s**t on the heels of my shoes mate, but thanks. Certainly worth $188 dollars.

 

[RoosterLad]

Not much s**t on the heels of my shoes mate, but thanks. Certainly worth $188 dollars.

Your shoes may be clean but plenty of other people would have dirty shoes.

I agree that the fine is a bit steep but it couldn't be too low or it wouldn't act as a deterrent.

 

[knife]

I'm guessing you charged with being drunk in a public place and not drunk and disorderly in a public place? I'm under the impression Victoria is the only state where the former is still a crime (ridiculous imo). Probably talk to a solicitor or write the letter. $600 basically makes it worth fighting in court if it gets there.

 

[magpieswmb]

i got one, what happens if u dont pay

 

[Caesar]

You were drunk. You were in a public place. Unfortunately, you committed the offence that you've been charged with, so contesting the fine is probably out of the question.

What the desk sergeant is probably referring to is whatever Victoria's equivalent is to NSW's Section 10 dismissal. It's basically where the charge is accepted by the magistrate as proven, but no conviction is recorded. Generally it involves admitting the charge and asking for special dispensation. I am not sure what things are like in Victoria but if you are a first time offender and your behaviour was as innocuous as you say, it should at least be a possibility.

Someone like Donners would probably be able to give you more info.

Other than that, commiserations. Idiotic law and one of the reasons I am far more careful with my drinking in Melbourne than elsewhere.

 

[Illinois Nazi]

Ridiculous that Victoria still has that law. In WA you can be picked up and taken to the lockup for up to 8 hours for your own safety (ie sleep it off) but there's no charge or penalty.

If you're just drunk and not being a dickhead most cops will drop you off at home instead if its not far from their patch.

 

[Geelong_Sicko]

Sent the letter off more than a week ago. STILL haven't heard back. Fingers crossed a reply arrives this week.

 

[dymot]

Sent the letter off more than a week ago. STILL haven't heard back. Fingers crossed a reply arrives this week.

They might take up to 3 to 4 weeks to respond to you while it goes through the cycle. If you want a good night on the piss then go to the clubs or pubs that allow taxis to come get you in their property to avoid this occurring. Sometime cops go the pub through the patrons while they are leaving and walking straight into a taxi to piss them off and turn them off wanting to return.

 

[Power Raid]

20 years back when I was in the military, I walked out of a freo pub with a mate (Smokie) who proceeded to trip over on the road in front of a car.

To "help", I jumped in front of the car and held my fingers up in a pistol like grip. The car, turned out to be a cop car and turned on the lights.

I picked up Smokie and told him to ignore the lights and keep walking. The cop car pulled up alongside us and the copper said "hey d#ckh#@d, what are you doing". Not wanting to refer to the previous incident, I said we were going to the car.

The copper thought I meant we were going to drive in our current state and went ballistic. I explained, we were just getting our jackets and going back to the pub.

It seemed to calm him down somewhat but Smokie said something that got the copper all wound up again. The copper then responded "one more thing out of you and you will be in the back of the wagon".

Everything seemed to be resolved and we were all going our separate ways until the copper said something a bit smart. I quipped back "just one more thing officer, what noise does a pig make"

"what"

"that's it"

and that is how I was arrested for drunk and disorderly.

Thankfully, they dropped me off at the base and only military charges laid. Smokie actually drove home and followed the cop car; I could see him out of the back window. Unbelievable.

 

[CrazyQ]

Absolutely ridiculous law and is clearly a money making scheme. I've been arrested 4 times for being drunk in public and to this day only one arrest was warranted.

The one that irks me the most is when I was thrown in a dimmey van for being drunk in public...get this though? I was sitting at a tram stop waiting to get home. In addition to this, once I was detained I could name at least 4 instances where there was racial abuse and physical intimidation.

It clearly is there for the Victorian Police to have more power and make some coin on the side.

 

[CrazyQ]

i got one, what happens if u dont pay

I have 4, like I said.

On the three occasions where I was clearly not a harm to myself or anyone around me, I simply told them when they handed me the fine that I was not going to pay it. They told me they'd make me.

So I ripped the paper, threw it on the floor and walked out. It's probably tripled now but they have absolutely no chance of getting my money, court or no court.

 

[magpieswmb]

I have 4, like I said.

On the three occasions where I was clearly not a harm to myself or anyone around me, I simply told them when they handed me the fine that I was not going to pay it. They told me they'd make me.

So I ripped the paper, threw it on the floor and walked out. It's probably tripled now but they have absolutely no chance of getting my money, court or no court.

awesome mate