Public Disorder Defence
A client was arrested for drunk and disorderly conduct at a public location and claims to have suffered a head injury during the incident. At the police station, the client denied the charge, citing amnesia and confusion due to the head injury. Medical documentation confirmed a diagnosis of post-concussion syndrome, featuring symptoms such as dizziness and unusual behavior subsequent to the injury. Scans showed no serious internal bleeding, and the client was advised on managing their concussion symptoms. The client's behavior during the arrest may have been affected by the injury, which could play a role in the legal proceedings.
Questions about this case
These answers have been verified by a lawyer in the LEAP networkHow can I avoid going to court for this charge?
To potentially avoid court for a drunk and disorderly charge, consider the following options: 1. Out-of-Court Resolution: Engage with the police or relevant prosecuting authorities to explore community resolution options or fixed penalties that could avoid court proceedings. 2. Legal Assistance: Seek support from a solicitor who can negotiate alternative measures on your behalf. 3. Medical Evidence: Ensure that your concussion and its effects are well-documented, as this may influence prosecutorial decisions. 4. Participation in Programs: Explore options for diversion programs or educational courses related to alcohol awareness.
What are the consequences of a drunk and disorderly charge?
The consequences of a drunk and disorderly charge can include fines, conditional discharges, or potential imprisonment if accompanied by other offences. Typically, a conviction can result in substantial fines, and having such a record may affect future employment opportunities or travel. Mitigating circumstances, such as medical conditions, can influence sentencing severity.
Can the charges be reduced or dismissed due to my head injury?
It is possible for charges to be reduced or dismissed based on your head injury, particularly if it affected your understanding during the incident. Medical records displaying post-concussion syndrome may support this claim, influencing negotiations with prosecuting authorities.
What steps should I take to strengthen my defence?
To bolster your defence, gather evidence such as eyewitness accounts or any available footage that supports your version of events, particularly regarding your condition or any altercations before the injury. Obtain a comprehensive medical report detailing the effects of your concussion, which may be vital in establishing your mental state during the arrest.
How does a medical condition, like a concussion, affect my case in court?
A medical condition, such as a concussion, can significantly impact your case by influencing the required mental state for a conviction. If the injury impaired your capability to understand your actions, it could be important for your defence. Medical evidence is essential in demonstrating the extent of your impairment.
