I was out with friends on Saturday night. We went to the races and I was drinking champagne. It was a hot day and I was feeling a bit drunk. The last thing I remember was getting into a taxi with my friends. I woke up with a bad hangover. I have been charged with being drunk and other public order offences outside the nightclub. I do not remember going to the nightclub or anything that happened.
Lawyer Answers (1): Answers from lawyers are general preliminary responses. They are not formal legal advice and cannot taken account of all your circumstances. They do not create a lawyer–client relationship.
Answer by Pearl Beaumont, Penrith 2570 NSW
- The first thing to do is get a copy of the statement of material facts and charge sheet so that you can see exactly what you have been charged with and what the police are saying you did. You should also speak to your friends and ask them what they remember from that night and what you did after the races.
- You should then get some legal advice about the strength of the police case against you and what your options are.
- Being drunk and not being able to remember is not a defence that a court will listen to.
- However the police still need to prove their case beyond reasonable doubt. You may decide to ask for a brief of evidence before you make a decision whether or not to plead guilty to the charges. You should discuss this option with your lawyer as if you choose this option you may lose your discount for an early plea of guilty.