The police gave me a fine for Public Drunkeness when I was a few minutes away from home

So basically on Wednesday, I was walking home from the pub which I live 5 minutes away from.
I was about 2 minutes away from home when the cops pulled me over and issued me with a fine for Public Drunkenness.

In my defense, I was quite drunk, but was perfectly capable of walking home. I was kind of really tired, so I was walking pretty slowly.
I wasn't cheeky to the cops nor loud or anything, since I'm a pretty quiet drunk. When they pulled me over, my speech was slightly slurred, but I told them that I was only a few minutes away from home and they still booked me.

I was neither being rowdy or a nuisance and the bartender can vouch for me, since I was having a pretty terrible day in my personal life.
I ended up getting an infringement notice to pay 6 penalty units, so a fine for $870

What are the chances of taking this to court and getting the fine revoked? I've heard of cases being thrown out of court.

I find it frankly ridiculous, since I'm not sure why I would have taken a cab home for a 5 minute walk.

Comments

  • The cops probably needed to fill their quota. Owell, they are a necessary evil unfortunately.

    • But they don't have quotas… Death, taxes and the law… terrible evils…

  • Speeding fines must be on the downturn these days:
    http://www.theage.com.au/afl/afl-news/st-kildas-luke-dunstan…

    • Nah, it's up

  • There are two different tickets.

    Drunk in a public place.

    Drunk and disorderly in a public place.

    You think it's bad for you? Licensed premises aren't allowed to serve you alcohol so you get that intoxicated so now that pub will quite possibly get an even larger fine in the $1000s.

    • Up to $18655 for the supply and another $18655 if he wasn't removed and they permitted him to stay on premise.

  • +12

    What a bullshit law. Absolute crap. I guess they'd prefer you to drive home.

    • -6

      You wouldn't say that if your child got run over because they were so plastered they walked on the highway

      • Moronic exaggeration. OP was walking to his residence a few hundred meters away from the pub.

        • +1

          But aren't the other posters posting moronic statements like the cops want people to drive home drunk?

          Sensible people might:

          1. Not drink to the point of drunkenness

          OR

          1. Have a responsible companion, who can take care of them if they do. - I don't think the police would have fined him if he had a friend helping him home
        • My friend died crossing the gold coast highway drunk, he was 30 metres from home and the pub was 20 metres from where he was hit by a car

        • @unclesnake:

          Very sorry to hear that. My condolences.

          I guess your stance on the matter is fair enough.

  • How far was your place from where they stopped you? Think you could have legged it?

  • +1

    No breathalyser? Perfect time to have a little heroin on you. Admit that you had too much of it. Being your first offence, you will usually get a warning (caution) instead of being charged with the offence.

  • If it were up to me you'd be deported, but that might be tricky given you are already south of the border…
    I guess there's always Tassie.

    • -6

      Trump won, get over it snowflake….

      • The joke.


        Your head.

        • If a fair voting process is a joke to you. Trump won, just move on:)

  • I had this happen to me as well, No prior offences or anything, was not overly drunk, just in that little bit too much stage.

    I spent the night in lockup, I did not get to call family or friends to let them know what had happened (which considering I had just been separated from my friend group was pretty distressing for them, as they spent the rest of the night looking for me thinking I had been abducted etc.).

    I tried to go through legal recourse but as I was charged with "Being drunk in public", and I was in fact drunk in public, they said nothing could be done.

    • Did you end up going to court to contest and did you end up getting convicted with a criminal record?

      • +1

        No I found it wasn't worth my time, especially as I would have lost because it is just a stupid law to begin with. You just need to have an alcohol reading and be on public property and that's enough to get fined. Almost everyone in Melbourne on a Friday/Saturday night is technically breaking the law.

        I don't believe it goes on your record as I've had police checks pass with no issues.

  • +10
    • +1

      yeah but in the eyes of the OP, he was only 2 mins from home, so its AOK to be like this! /s

    • +1

      That is gold lol

  • +3

    I see nothing wrong with walking home after some drinks at the pub especially if its just around the corner. No taxi is going to pick you up for such a short fare

    just drink drive next time and be a danger to everyone else on the road instead,

  • -2

    2 mins…. 5 mins, 20 mins away from home… you had been drunk out in public.

    Your 'view' of the issue, would be extra slanted from the booze. Clearly you had been drunk enough for them to stop and book you.

  • +9

    how do they know you were drunk? if they didn't breathalyze you what evidence is that you are drunk. Maybe you had consumed some medication and were suffering side effects, maybe you have a medical disorder that gives the appearance you are drunk, remember steady eddie?
    Confessing you are drunk is not proof. What if you said you were a block of cheese, does that mean you are a block of cheese? Surely we have to have a higher level of evidence than just the words of a potentially delerious/crazy/manic etc individual. Ask for the police report, get some legal advice and contest.

    • +3

      OP, were you a block of cheese?

      • What type of cheese is the big question

    • I don't think a breathalyser tests for drunkenness. Maybe just alcohol in a person's system?

      Might the coppers have formed their belief by the OP's behaviour (slurred speech, lack of coordination), smelling like alcohol, and admitting he was drinking at a pub?

      If he was under the influence of prescribed medication, I'm sure he can get his dr to write a letter to the court to prove it. e.g. my patient has diabetes and was suffering from an acute case of hypoglycaemia causing him to display symptoms similar to alcohol intoxication.

  • +10

    Wow, that's such a huge fine. A good cop would've offered you a ride back to your place to make sure you're not a danger to anyone including yourself. It's pretty counter productive to just fine you for no real reason.

    • -3

      "A good cop would've offered you a ride back to your place to make sure you're not a danger to anyone including yourself"

      Police cannot and should not be used as a free taxi service.

      • +3

        They should not, but they can be used as a taxi service - I've done it back in the days before Uber. They weren't impressed (and I wasn't drunk) but they dropped me home anyway!

      • +3

        It's the the job of the police force to serve the best interests of the public. If he was judged as being a menace to the public, it means they are serving the community more broadly. It's one thing to issue a fine but shit, give the guy a lift home too.

      • If you're thinking that I'm implying that the police is a taxi service then you're being very superficial.

        What is the role of the police in the community? To serve and protect? In OP's case, did OP cause any harm or nuisance (or potentially likely)? Did the fine serve any purpose? If they cared about his well-being or others, then a lift back to his place would've meant more than issuing him a fine and then driving away.

      • I would have thought the same, but the down-votes suggest some fellow OZB think otherwise. What would happen if all cops are tied up with ferrying drunks from the pub home? I pay taxes and expect my police to spend their time more productively.

        If the fine deters the OP (a seemingly decent responsible adult) from drinking to the point of drunkenness in the future, then I'm all for it.

  • +2

    I wouldn't bother taking it to court yet- take it to Today Tonight/A Current Affair to rub in how absurd it is, the minister will revoke it the next day guaranteed.

    • +16

      Will only work if they're out of stories on:

      • hoons
      • bad neighbours
      • store prices
      • choice articles
      • +12

        Don't forget:

        • petrol prices
        • miracle weight loss
        • cellulite cure
        • +3

          If your names Gerry Harvey or Kogan they will gladly feature you.

  • -2

    Everyone is talking about the law and the hefty fine but no one is talking about drinking too much. Just because you have a bad day doesn't mean you can justify drinking too much. If you are a responsible adult you should know drinking won't solve your problems.

      • +1

        right or not, having a drinking problem is not a crime, so not relevant in this case.

    • +3

      It's his life, he can do what he wants as long as doesn't affect anyone else. I assume you're a teetotaler?

      • -6

        Yes I am a teetotaller and how is that relevant? Does being a teetotaller make me hate everyone who drinks? I am a vegetarian too, so your assumption will be I hate non-vegetarians too? Which means I hate 99% of Australians.

        Why not let people drink and drive too as long as they don't kill someone? Or why not make weed legal, let the people ruin their life. After all they are not affecting others.

        If you can't give a good advice then don't but don't try to blame someone who is trying to help.

        • +1

          Irrelevant judgement <> Good advice

          You can stop the one person crusade, you're not fixing all the world's problems through your keyboard.

        • @revolutio: Just read both of our comments and you will see who is the keyboard crusader here. But don't worry you are not alone based on the others who negged the above comment.

        • +2

          Why not let people drink and drive too as long as they don't kill someone? Or why not make weed legal, let the people ruin their life. After all they are not affecting others.

          Asinine counter-arguments. The reason drinking and driving is a crime and universally reviled, is because drinking impairs motor function to the point where a drunk driver is a threat to their own safety as well as the safety of other folk on the road. Walking home (~5min) is not really a danger is OP was walking on the footpath.

          You being a teetotaller is relevant because you have no context/frame-of-reference, and you're going by what you've heard from your peers (who may or may not be well informed/or have religious or cultural biases).

          Also, we should make weed legal. :) Personally, I can't stand the stuff, but I am well-informed to know that the overblown "adverse health impacts" are just FUD. It would definitely help a lot of people with pain management.

          ===================================

          Q: How do you know if someone is a vegetarian?

          A: …they will fking tell you. Every. Single. Time.

          ===================================

        • @rvsure:

          I have no response, because nothing you've said so far makes any kind of sense. Feel free to tell your vegetarian friends about that time you beat some guy on the internet.

    • Unfortunately our culture currently has an obsession with binge drinking…

  • $870. That does appear to be grossly too much for the offense described.

    I will mention however that I have seen many arguments between security and drunk people at venues, and the drunk person is almost always offensive, belligerent, and arguing in circles with people he (it's almost always a he) cannot win an argument with. The offending party of course does not and cannot see this for themselves as their judgement is clouded.

    I once met someone who swore that they got kicked out of a casino for (and I quote) "just asking what the time was".

    I would think you can challenge it on the basis that your house was five minutes away and it's unreasonable to think you could get a taxi driver to agree to such an extremely short fare (maybe 1 minute of driving).

  • Saint detained by police after drunken night out
    Ashley Browne  December 10, 2016 3:45 PM

    ST KILDA midfielder Luke Dunstan has received an infringement notice for being intoxicated in a public place early on Saturday morning. 
    Dunstan was found asleep and was detained by the police before being fined and released.
    The 21-year-old contacted the club immediately and fully co-operated with police.

  • I ended up getting an infringement notice to pay 6 penalty units, so a fine for $870

    This is separate to the drunk in a public place fine yeah?

    I really think the cops acted unfairly.

    So you can't drink and drive but if you do the responsible thing and walk home you get slapped with drunk in a public place?

    Are you absolutely sure you weren't throwing up on the side of the street when they stopped you?

    • Of course he didn't! He's a decent guy.

  • +3

    The fine is hefty… twice in the last 6 months I've been pulled up walking, once carrying a slab and an open beer, they told me to stop hiding the beer, asked if I'd seen 2 guys with a description, left me walking home, second time extremely drunk with a mate, both with open drinks, they checked his ID, 2 blocks from his house, told us to head straight home. No fines.

    • It would be nice if they were more CONSISTENT! They act like they are human beings instead of robots… i think we have a quality control issue here. We need to write to the minister and get him to ensure that everyone is fined equally!

      • +1

        I think part of it will be metro officers vs country officers as well.

  • -4

    Hmmm what will happen?

    The pub that you came from will cop a minimum $1500 fine for serving you since you had just come from there and were incredibly intoxicated.

    You will get legal aid involved when they have soooo many more deserving cases to deal with.

    Drunk and disorderly is a fairly serious charge and the police will have evidence of your dangerous behaviours on dash cams, and/or body cams and/or eyewitness accounts. Not worth contesting in court.

    Pay the fine.

    • This isn't drunk and disorderly, it's "Being drunk in public". You just have to have an alcohol reading in a public place to be fined. Ridiculous law and only in Victoria.

      • +1

        And yet the police took no such reading. There has to be more to this story.

        • I've unfortunately had the same experience as OP, they don't need to take a reading. Much the same as they don't need video/photo evidence of you using your phone to charge you with using it whilst driving.

        • A cop told me that they can't test pedestrians. They apparently can only test people who have just driven or are driving a vehicle

  • There is no incident report. It's a penalty notice. That's the entirety of the paperwork. Any notes taken, are the officers notes.
    There is no breathalyser used. It is an opinion of the officer that is required, according to law.

    There is a lot of uninformed crap in this thread.
    Either pay the fine or contest it at court. With no criminal history, you will be very unlikely to receive a conviction. You'll be found guilty without conviction and fined. The levity is up to the magistrate.

  • Always keep this one up your sleeve:

    https://www.youtube.com/watch?v=INjCOAuzyy0

  • +1

    So 2 police in a car rolled up on you just walking home, thought you seemed like you were drunk and decided to fine you $870?
    They could've just put you in the back of the car and driven you up the block. Your licence says where you live so it's not like you could bullshit them about the address.
    You'd probably be better off if someone mugged you and stole your wallet on the way home instead of encountering the police.

    • +1

      I see where you're coming from. The monetary loss is probably worse as most people don't have $870 in their pocket to be robbed.

      The upsides of a police fine opposed to a mugging are potentially:

      1. They wouldn't have stabbed him with a rusty knife or needle
      2. Watched over till someone came to pick him up
      3. Supporting public infrastructure instead of a junkie habit
  • +2

    That is absolute bullshit. I remember many years ago I was walking home as I only had enough cash to get me half way in the taxi. I think I had even lied down on someone's lawn at one stage. Don't really remember all the details (I'm also a quiet drunk when I've had way too much so I wouldn't have been causing a racket) but cops picked me up and took me home right to my front door. I still remember the look on my parents face as I walked past them!!!

    • +3

      "Many years ago…" I'm sure it has changed now considering how understaffed they are. It would be nice if we could go back to the time when they had the time and resources to do that

      • Yeah true that would make a difference. I also think police react differently due to the attitudes of a lot of kids these days. Not saying OP but even if they don't talkback they probably treat them all the same now. I didn't think twice about walking home from anywhere but after all the news you hear nowadays I'll be getting my boys to be a lot more weary than what I was when I was a youngster.

  • $870! :O

    • I guess nothing is free in life, except $2 optus prepaid sim-cards

  • +2

    Any takers on when being shitfaced at home will be a crime (unless it already is)? I suppose I can't support my local any longer for the fear of being detained after having a beer. Bah.

  • +3

    How times have changed, 20 years ago I lived in North qld and tried to walk home drunk from a mates place. I sat down for a few mins and fell asleep on the nature strip about 1km from my house. Cops woke me up to see if I was ok and then dropped me home. Smaller town but far out a fine for walking drunk? If they really want to make a difference they should check out every fast food joint in Melbourne CBD. There is always someone looking for a fight in there.

  • +9

    man there are a lot of arseholes on ozbargain

    • +1

      Lots of idiots too. See below

  • -1

    Should have driven home mate, would have gotten there quicker and avoided the cops/a fine.

    • +1

      I would prefer to pay a $870 than possibly kill someone and spend time in jail.

      • +1

        Woooosh

        • can't really claim Woooosh when there no indication of sarcasm. People say stupid things.

        • +2

          @humdogg: Drew22 made the same joke on page two and got 23 upvotes..

        • @simulacrum:

          Drew's comment was clearly sarcastic, this one was not.

        • @humdogg: Fair point, I thought it was obvious and that no one could possibly think that but on second thought you're probably right

    • LOL

  • +1

    Cop needed his xmas bonus to feed his family

    • +1

      I don't think they get bonuses. But I get what you're saying! You think they are getting some sort of incentive to uphold the law

  • First thing to do is check exactly what the infringement is for.

    If it is "Persons Found Drunk" under section 13 of the SUMMARY OFFENCES ACT 1966 then you have been fined way to much.

    The fine is only 4 penalty units for an infringement notice as per section 60AB. 1 penalty unit is $155.46 so worst case it'll be $250 less than the infringement you have now.

    I'd try and get advice from Legal Aid because clearly they have messed this up on both the procedure and the intention of the law. I'm sure when parliament enacted this POS law they weren't trying to target a bloke walking 5 minutes home from the pub. Definitely not in the public interest. I would think you can get it withdrawn by the police without going to court. Police don't like turning up and being embarrassed by not following basic procedures.

  • +2

    Damn that's bad luck OP. This one time I was drinking with buddies and we ended up walking down a suburban street. One of my friends was walking down the middle of the road yelling "hey batter batter" from Ferris Bueller's day off ( https://www.youtube.com/watch?v=3ZyTLYl6lJw ). A police car pulled up next to him, told him to get off the road (which he did), then drove off.

    In your case I'm pretty sure a magistrate would reduce the fine, unless you're not giving us the whole story.

  • +2

    "unless you're not giving us the whole story."
    My thoughts also..
    There are some mighty nasty cops out there but most are very decent and going by the ops version here it would be odd indeed.
    Needs the other side of the story I think?
    If the story is missing some real facts then I think it is unfair to the cops out there that have to endure the human filth they encounter day after day.

    • Totally agree. Unfortunately I don't think coppers can tell their side of the stories due to professionalism and privacy reasons.

      It really reminds me of "But MUMMM, he started it first!"

  • +6

    Based on what I've read and assuming it's the whole story (that's all i have to go by) …

    Take it to court

    I've been to court 4 times over fines I felt were unfair, although different to yours they were also minor infringements. I have a 4-0 clean slate of wins over the last 10 years.

    I'm in NSW, first step is to write to State Debt Recovery (so whatever the VIC equivalent is) as the magistrate will want to see you aren't wasting court time and have gone to the appropriate lengths to avoid ending up in court. Expect them to reject your claim, they usually do (although I was surprised with SDR accepting my excuse and overturned a $1,100 Jury Duty fine a few days ago! If I had shared that story on OzBargain 99% would have said I'm screwed and can't win), now prepare, prepare and PREPARE for court. Be organised. Get a good suit, in a case of this magnitude I personally would represent myself however you do have the options of Legal Representation if you are not confident (you don't want to look "above the law" though). At the end of the day you are only human, you're not perfect and nor is the magistrate you will be appealing to. People laugh at me when I say "Magistrates are just humans like the rest of us" but that approach is part of my success everytime. It's not rocket science, get be organised, be honest and stand up for yourself! If the Police have truly cocked this up there is a reasonable chance they won't even show up (you win).

    Absolutely no chance this fine will stick if you take the right steps. No chance at all.

    If your story isn't the whole story, then proceed at your own risk and what I wrote above doesn't necessarily apply. I am also assuming this is your first brush with the law.

    Good luck.

    • +1

      This this this, especially the bit about showing you're not wasting the court's time. Depending on your magistrate you might be really lucky. I know my Mum was this year, she got a $1k+ parking fine dismissed.

      Magistrates want to see you are a reasonable person who won't reoffend. I am almost positive they will think that fine for walking home while drunk is ridiculous and reduce it to good behaviour bond

    • Block-quote Absolutely no chance this fine will stick if you take the right steps. No chance at all.

      Except that part where he is guilty of breaking the law, that's a pretty good chance.

      • That's the whole point, to challenge the application of that law.

        It's interesting how many people I speak to have that defeatist attitude when it comes to incurring a fine. Certainly never go into court if you don't believe in yourself 'coz no magistrate will either. There are additional fines that can be applied for wasting court's time, in NSW it's about $2,200 and probably similar in VIC. Know when to fight and when to cop it on the chin. Based on what the OP has said, I'd fight it but that's just me.

        • I wasn't debating the "argue the point" part…. by all means he should challenge. I was just pointing out your use of "no chance at all" is a little off. The very fact the law was broken means there is some chance it will stick.

        • @phluffed:

          Fair call about "no chance at all", I might have gone a bit heavy on that :)

          Will be interesting to see what happens with this one.

  • Did something happen before the cops got to you? Did something happen when the cops were speaking to you?

    If you were simply staggering home then it's not right to fine you. I just think there could be other reasons.

  • I once spewed outside a club in the city, turned around and three cops asking if I was ok, they asked for my license etc and was issued a warning in the mail.
    good luck, hope it turns out well.

    • If they dont say drivers licence, give them your fishing licence.

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