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Nicola-mod, Moderator
Category: Law
Satisfied Customers: 9
Experience:  Moderator
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I was arrested over drink driving, I can accept that. I provided

Customer Question

I was arrested over drink driving, I can accept that. I provided proof that I could not attend the 1st hearing because I had booked a holiday. This was accepted, and I was told that by mail I would get a new court date. I gave the address of where I worked As I thought this would be safest place to send it. After two weeks plus holiday I had not received a letter, and was arrested at work for failure to turn up at court date. I explained to duty solicitor and it was thrown out today, It was combined with the drink driving for which I pleaded guilty. When I went to get paperwork to show at my job, the reason for getting arrested at work, I was told the letter had been sent to no fixed abode, as I had been living in my car at time of arrest. And the paperwork was missing where I had requested the new court date be posted to my place of employment. Ive spent from 10.00am Monday until Midday Tuesday in custody, where the failure to turn up was thrown out. Ive been humiliated at work, denied anxiety medicine prescribed, (since I did not have the box with my name on it) and made to feel when I asked for something to show to my employee by way of explanation that the whole thing was my fault for not turning up, when my instructions wer that I would receive a letter from the court, on the new hearing date.
Submitted: 3 years ago.
Category: Law
Expert:  Jo C. replied 3 years ago.

Thank you for your question. My name is XXXXX XXXXX I will try to help with this.

What would you like to know about this please?
Customer: replied 3 years ago.

I followed the directive of prooving I had booked a holiday for the first court appearance. I gave my work address for further communication. There was no communication sent to my work. Today, after the not showing up for court was dismissed, I asked for paperwork to give to my employer as to why I was arrested at work in front of fellow employees. I was told by the court office, it was sent to no fixed abode. I had given my work address.

Expert:  Jo C. replied 3 years ago.
Ok. So how can I help with this please?
Customer: replied 3 years ago.

Im sorry, I have spent 26 hours in custody for not answering a court appointment that I did not receive.

Expert:  Jo C. replied 3 years ago.
Yes, I understand the facts and I can see you feel strongly about them.

I was wondering what you wanted to know about this?
Customer: replied 3 years ago.

For Jo C. I feel like when I asked for something to show the judge dismissed the not showing up for court part of all this, I should have some paperwork to back up my credubility at work, after being arrested at work. Ive been fobbed off by the court that I never provided an address, when I did, and consequently spent time in custody and lost wages.

Expert:  Jo C. replied 3 years ago.
I do understand why you feel like this. However, its not that simple I'm afraid.

The first difficulty is that there was a warrant. There's no way around it. The police were executing a warrant that did exist so there was no wrongful arrest per se. I would normally suggest that you complain to the IPCC about the fact that they arrested you at work as that was likely to cause humiliation but the difficulty here is that they didn't have another address for you which is likely to be their justification.

The time delay in custody is fairly standard I'm afraid for a no bail warrant.

The only real complaint lies with the court for issuing the warrant originally. That is fairly limited as well. A pre booked holiday can be acceptable reason for seeking an adjournment. Its not a guaranteed adjournment but it is often accepted. They will say that you presumed that it had been adjourned and didnt chase up the court when you got back. I do realise that wasn't entirely your fault as a member of court staff accepted it although, of course, they had no right to do so but that isn't something you would know about.

It is possible that the duty solicitor could write some form of explanation for you to show your employers though. The practical reality is that its quite unlikely that you would be given a letter of apology from the court I'm afraid.

I'm very sorry but I have to give you truthful information.

Can I clarify anything for you?

Customer: replied 3 years ago.

No. Thank you. My duty solicitor has agreed to talk with my employer. My original question that the court had an address supplied by me, but chose to send out a letter to no fixed abode has not been answered.

Expert:  Jo C. replied 3 years ago.
Yes, I do see that objection.

What they will say is that it was your responsibility to chase up the outcome of the application unfortunately. Their argument will also be that it won't be the address on file formally given to the court.

I'm afraid its fairly hard to get courts to accept they've done anything wrong.
Customer: replied 3 years ago.

I get it, just one more easy target. What a waste of money to get told that.

Expert:  Nicola-mod replied 3 years ago.

It seems the professional has left this conversation. This happens occasionally, and it's usually because the professional thinks that someone else might be a better match for your question. I've been working hard to find a new professional to assist you with your question, but sometimes finding the right professional can take a little longer than expected.

I wonder whether you're OK with continuing to wait for an answer. If you are, please let me know and I will continue my search. If not, feel free to let me know and I will cancel this question for you.

Thank you!
Customer: replied 3 years ago.

Cancel it. Ive been through hell this past 2 days, and apparently being fobbed off by a court official that a letter was sent out to me at no fixed abode is perfectly normal, even though I gave my work address, I give up. All I wanted to know is how or who I complain to, not too much to ask.

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