Legal matters, help me out.

[TheSock]

*break*

[TheSock]

This happened last night/this morning.

First problem: I was at my prom, and while waiting for a ride home, my friend and I drank a beer. Afterwards he pulled another one out (I had disposed of mine), so I continued to talk with him after. While he's drinking, 2 cops come up and issue us both tickets (underage drinking). This happened in a parking lot. Do I have much of a case to get rid of the fine? They didn't breathylize me and I wasn't noticably drunk (this was my only drink at the prom), and simply issued me a ticket. My buddy was noticably drunk.

2nd problem. At the afterparty, I had a few more drinks (6 at the party over about 4 hours), and stopped drinking at about 2:30 because another friend had drunk too much, so I was watching over him for about 45 minutes and sobered up a little, trying to keep him conscious and making sure that he wouldn't lie down because he was puking on and off. He finally stopped puking and passed out, and this is when peoples tents started to fall down. By this time the alcohol was wearing off. There were about 50 tents, and one by one they started to fall down. As I was helping out a friend fix her tent, I look over to mine to see that someone is pulling it down. I jogged over to it and say "Hey hey what are you doing?", to which he stands up and punches me at least twice and then starts hitting me with a beer bottle (I was hit about 10 times by my estimates). Eventually someone pulled him off of me, and I hear "I'll fucking kill you", at which point I go towards the house bleeding at the back of my head. Another friend brings me to the house (one of the people living there was a nurse), and she fixes me up a little and my parents as well as one of my closest friends bring me to the emergency room. After it was all said and done I was given 15-20 stiches on 7 cuts on the back of my head. I'm debating whether or not to file charges (the only thing holding me back is the fact that I did have alcohol in me and I did get that underage ticket earlier). Will the cops charge me for another drinking ticket or will they look over it?

[Yiggs]

I wouldn't push your luck with the first one. But I'd still charge the guy with assault or what have you.

[GoatChomper]

Do I have much of a case to get rid of the fine?
If you admitted to the offense and the evidence still was available to the citing officers, then you have just about zero grounds for arguing for dismissal.

On the other hand, the magistrate might decide it's not worth bothering and dismiss it.

[proudinfidel117]

assault>underage drinking

Just because you broke one law doesn't mean the cops will overlook a much more serious crime.

[Shloom]

That's pretty fuckedup, you definetly should file assault charges. Theres also a good chance the cops don't even bother doing anything even if you tell them, they have a habit of that in Ontario. Your friends should have been on the ball and fucked this guy up, he would have been stabbed in Hamilton.




Could have killed you

[Daywalker]

thats fucked up, they probably wont give you another underage drinking ticket just becuase you got assulted and already have been cited once. Most cops are douchebags unless you're one to them.

[TheSock]

Thanks guys, a little update: I'm just going to pay the fine, and I've been in contact with the cops who are going to phone me back and we're going to talk about charges. My friend's dad (a lawyer) says that this kid could get a good amount of time for assault with a weapon as well as uttering death threats. From what I've heard the guy says that I grabbed him by the neck, which is definately not true, but I don't think that'll hold in court because of his past and the fact that I've never gotten into a fight before and that I've never been a violent person.

[Dr Boners]

From what I remember from law class, you can't be held responsible for a admitting to a crime in your testimony. I'm not 100% on this, so ask the lawyer

[Gopats]

From what I remember from law class, you can't be held responsible for a admitting to a crime in your testimony. I'm not 100% on this, so ask the lawyer5th ame--

lol canadia

[Dr Boners]

5th ame--

lol canadia

s13 of the Charter of Rights And Freedoms:
"13. A witness who testifies in any proceedings has the right not to have any incriminating evidence so given used to incriminate that witness in any other proceedings, except in a prosecution for perjury or for the giving of contradictory evidence."

[Noirceur]

I think the real question that needs to be answered is this: WHY do y'all trust an internet forum, mostly full of people you've never met, to give you tip-top legal advice?

[Degree:N]

Trust everyone except Noiceur.

[PsychoMantis]

I think the real question that needs to be answered is this: WHY do y'all trust an internet forum, mostly full of people you've never met, to give you tip-top legal advice?

It's just advice, not to mention that a few of the people on these boards are actually LEOs.

[TheSock]

I think the real question that needs to be answered is this: WHY do y'all trust an internet forum, mostly full of people you've never met, to give you tip-top legal advice?

It's just advice, do you think I'd go in a courtroom and say "What you mean that can happen? But BRENAK SAID IT WOULDN'T!".

The general concensus seems to be what I'm going to do anyways: Charges for the assault, nothing for the drinking.

[Somedude]

If you admitted to the offense and the evidence still was available to the citing officers, then you have just about zero grounds for arguing for dismissal.

I thought signing a ticket wasn't an admission of guilt.

I'd think there'd be some wiggle room to dispute on the grounds that nobody actually saw you drinking. Probably not something that's actually WORTH doing though.

[GoatChomper]

I thought signing a ticket wasn't an admission of guilt.
It isn't...I refer to any statements he may have made.
I'd think there'd be some wiggle room to dispute on the grounds that nobody actually saw you drinking.
Moot. If the citing officer testifies that he admitted to the offense, then the court almost certainly will beleive it.

[Noirceur]

Trust everyone except Noiceur.
Hell, I wouldn't trust me.

[BlindSite]

Next piece of advice, GET SOME FUCKING REVENGE.

[Dr Boners]

It's just advice, do you think I'd go in a courtroom and say "What you mean that can happen? But BRENAK SAID IT WOULDN'T!".

Hell yeah man, just be all "I know Brenak on the internet bitches, I even met him once!" and they'll send the other dude's ass to jail and give you the key to the city. Then you'll get the bitches.

But seriously, it's just advice from internet peeps, but the lawyer would be a better source for advice

[Shadow]

Next piece of advice, GET SOME FUCKING REVENGE.

Heh, the revenge bit's where the prick gets thrown in jail :D

:gun:

[TheSock]

Next piece of advice, GET SOME FUCKING REVENGE.

I think enough revenge is setting in considering that at least a few of his friends have turned on him and that he's getting in trouble with the law. I've also been told that if he's ever at the same party as some of my friends are he'll be leaving real fucking quick, whether it be on his own or in an ambulance. I'm not a fighter and I never was, so I'm not about to go and call him out.

[Denwad]

all you get is a fine?

how much :E

[TheSock]

all you get is a fine?

how much :E

$125, not fun to pay and it'll be on my permanent records for something like 5 years...

[Toastar]

I was about to say dude it was a drinking ticket they're only $125 then I saw the last post :P

[TheSock]

Haha yeah... do you know how long it'll be on my record? I was just guessing.

[guernica]

drinking ticket doesn't mean fuck all on your record.

don't worry about it.

[Captain Colon]

Yeah I doubt anyone actually gives a shit about it, it'd only be used against you in a situation like you trying to get a job where the HR guy REALLY doesn't like you for some reason and they do a background check...even then, it's still the misdimeaningest of misdemeanors, the worst you're likely to get is a ribbing for getting caught.
Next piece of advice, DON'T LISTEN TO ME EVER.
fixed :lincoln:

If you can, I'd advise you to tell your friends to avoid stirring up shit with the guy while you go through the legal channels...if they do anything to him, he might try to pin you as the mastermind which could hurt your case if he's got a decent lawyer.