Drunk in public (Victoria)

lenn · 04-10-2011 4:53am #1

had a bit of an incident a while back with getting lifted by the police a few for being drunk in publiC (NOT DISORDERLY) just drunk. well lang story short have a summons to court for next week. has anybody got any experience of what i may expect? fine/community service etc? have i any options? will it affect my visa status now or in the future? will appreciate any replies! cheers guys

Zambia · 04-10-2011 6:38am

Really court? Did they not just lock you up for 4 hours and give you a ticket.

ellaq · 04-10-2011 6:53am

Court for just being drunk in public. OH got locked up for a couple of hours and a stern verbal warning. Therefore it didn't have any impact on his PR application. That was in Vic too but a number of years back.

Monty Burnz · 04-10-2011 7:13am

Doing the drunken Paddies proud, lads.

Good luck with court - hopefully just a slap on the wrist.

Zambia · 04-10-2011 7:54am

Easy on the OP he is not exactly alone in this offence.

lenn · 04-10-2011 8:17am

Zambia wrote: »

Easy on the OP he is not exactly alone in this offence.

Yeah I was locked up for a few hours to give me a chance to sober up. Arrived home to find a summons in my back pocket. Is it possible to get a slap on the wrists if it shes up in court? I literally have no experience in this scenario, never been in trouble in my life, in this country or anyother!! Appreciate the support lads.

Monty Burnz · 04-10-2011 8:26am

lenn wrote: »

Yeah I was locked up for a few hours to give me a chance to sober up. Arrived home to find a summons in my back pocket. Is it possible to get a slap on the wrists if it shes up in court? I literally have no experience in this scenario, never been in trouble in my life, in this country or anyother!! Appreciate the support lads.

I'd imagine the worst case scenario would be probation or the Aus equivalent - you'd have no criminal record or anything, and the offence would be wiped off the records in a couple of years.

mandrake04 · 04-10-2011 8:31am

Probably a fine & good behaviour bond.

Zambia · 04-10-2011 8:32am

OP its very unusual to have a summons in your back pocket. I am pretty sure its just a Penalty Notice for Drunk Chances are it can simply be paid without going to Court. It should be for around 400 Bucks.

Summons usually arrive in the post a few weeks/Months later.

lenn · 04-10-2011 8:44am

Zambia wrote: »

OP its very unusual to have a summons in your back pocket. I am pretty sure its just a Penalty Notice for Drunk Chances are it can simply be paid without going to Court. It should be for around 400 Bucks.

Summons usually arrive in the post a few weeks/Months later.

The document I found was ' charge-sheet and bail' and that I have to attend the' magistrates court' on such a such date.......

Zambia · 04-10-2011 9:28am

Ah yeah, you got bailed as opposed to a Summons so yes your going to Court. Tough break mate however don't get to stressed about it chances are you may receive a fine without conviction.

However on the day its up to the Judge,

By "affect your Visa" are you afraid of being sent home or future applications?

schemingbohemia · 04-10-2011 9:34am

Go and see a solicitor, do get dressed up smartly when appearing in court, try and get proof of no hassles in Ireland from the Garda as back up.

lenn · 04-10-2011 9:43am

Zambia wrote: »

Ah yeah, you got bailed as opposed to a Summons so yes your going to Court. Tough break mate however don't get to stressed about it chances are you may receive a fine without conviction.

However on the day its up to the Judge,

By "affect your Visa" are you afraid of being sent home or future applications?

by affect my visa I'm worried about future applications in the case that I wanna get a second year visa or if I get sponsored. Hopefully worse case scenario is just a fine as it does seem excessive for for being drunk. If I was to get proof of good behaviour from Ireland, what would that be? Any ideas?

markymark21 · 04-10-2011 4:11pm

Wow, seems pretty harsh? are Aussie cops much less tolerant or are they targeting certain people? i.e people on visas?

syklops · 04-10-2011 4:15pm

markymark21 wrote: »

Wow, seems pretty harsh? are Aussie cops much less tolerant or are they targeting certain people? i.e people on visas?

Sounds like they are targeting drunk people.

irishmover · 04-10-2011 4:16pm

syklops wrote: »

Sounds like they are targeting drunk people.

haha

Zambia · 04-10-2011 7:37pm

markymark21 wrote: »

Wow, seems pretty harsh? are Aussie cops much less tolerant or are they targeting certain people? i.e pYetle on visas?

I would agree charge and bail for drunk seems very harsh. But no they dont target anyone.

Mahatma coat · 04-10-2011 9:33pm

OP, I had that happen more than once during my time in Australia, Generally a slap on the wrist and a Fine.

Most important thing to do is DRESS WELL, if you have a suit wear it, be humble in the court, ask the judge for leniency and state that you intend to travel on to America or somesuch later on so a Conviction would be really unhelpful, Sit and observe Court procedings a bit beforehand, that way you can suss what sort of humor the magistrate is in, you should see some people get of and some people get hammered, watch how this happens, then dont do what the people who got hammered did;)

tenchi-fan · 05-10-2011 12:55am

GET A SOLICITOR! Look for recommendations from other people and agree a price that won't hurt too much.

Also, wear a suit even if it means getting the lend of one.

Don't be tempted to miss the court date and flee the country.

Mellor · 05-10-2011 3:17am

There won't be a conviction, prob just a fine.
however, going to court is strange, its almost always a ticket if its just drunk in public, or drunk and disorderly, $200 in NSW. Refusal to leave the area around a pub if thrown out is $550, its a special case.

The fact hat you are in court makes me think that there might be more to this. Maybe something you don't remember, seeing as you just found the charge sheet when you got home. If there isn't anyhing else you are fine and will get a fine. I know of people to get fimilar and to get 2nd years, and the sponsorship visas. You'll be fine.
I'd just go and plead guilty, solictors are expensive, and in this case you aren't trying to get off, so personally I wouldn't bother.

lenn · 05-10-2011 4:07am

Mellor wrote: »

There won't be a conviction, prob just a fine.
however, going to court is strange, its almost always a ticket if its just drunk in public, or drunk and disorderly, $200 in NSW. Refusal to leave the area around a pub if thrown out is $550, its a special case.

The fact hat you are in court makes me think that there might be more to this. Maybe something you don't remember, seeing as you just found the charge sheet when you got home. If there isn't anyhing else you are fine and will get a fine. I know of people to get fimilar and to get 2nd years, and the sponsorship visas. You'll be fine.
I'd just go and plead guilty, solictors are expensive, and in this case you aren't trying to get off, so personally I wouldn't bother.

the description on the charge sheet was simply 'found drunk in public'. i'm gonna get some advice from the free legal place local and deffo look smart, be apologetic etc on the court date. thanks again for all the advice lads!

myhorse · 05-10-2011 5:22am

Familiarise yourself with the situation you are facing

http://www.adla.com.au/web/page/vic_drunk_in_public

http://www.legalaid.vic.gov.au/1800.htm

http://www.legalaid.vic.gov.au/826.htm

(also click the relivent links within the links above)

Mahatma coat · 05-10-2011 5:16pm

If you do intend to get a solicitor I would advise that you Go to court the first time and ask for
An adjournment to seek Legal advice AND ask for a copy of the Facts of the case.

that way you wont be pissin around when you do see a solicitor.

Zambia · 05-10-2011 11:25pm

Good to hear from you again Mahatma

In relation to getting Solicitors its up to you but really a solicitor in this case what can he/she do? Chances are the fee they charge will out be far more than the fine.

Mahatma coat · 06-10-2011 6:16pm

Yeah, been keeping busy here.

Just popped in to give a bit of advice on a topic I have a Fair bit of Experience with;)

yer right about the solicitors being retardedly expensive, however I would recomend adjourning and getting the Facts, at the least the OP gets to have a look at what they are charging him with.

in My case I had a 'pet' solicitor who generally took my cases out of morbid curiosity

:D

lenn · 07-10-2011 12:04am

Mahatma coat wrote: »

Yeah, been keeping busy here.

Just popped in to give a bit of advice on a topic I have a Fair bit of Experience with;)

yer right about the solicitors being retardedly expensive, however I would recomend adjourning and getting the Facts, at the least the OP gets to have a look at what they are charging him with.

in My case I had a 'pet' solicitor who generally took my cases out of morbid curiosity :D

your probably right the price of getting a solicitor would more than exceed the benefit I'd say. Have an appointment booked with one of the local community legal services and I'll let ye know. Thanks again for the advice/tips lads, fingers crossed!

Drunk in public (Victoria)

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