Penalty order for public drunkenness


Questioner

My son has been suffering from alcoholism for several years and is a recognized alcoholic. After a relatively 'dry period' there was talk of a relapse. This was so bad that he was arrested by the police while completely drunk. He subsequently received a so-called penalty notice of 100 Euros. As I understand it, the amount is high enough to get a criminal record. He is considering filing an appeal with the aim of at least reducing the fine. There is no fine below 100 euros. a note on his criminal record so that he will not have any problems with it later when applying for a Certificate of Good Conduct. Our question: Is it possible/probable to use this argument to argue that his alcoholism is a disease and that his drunkenness is not 'normal' public drunkenness?

Lawyer

Dear questioner, That seems difficult to me, but if you don't shoot, you'll miss in any case. I advise you to file an objection to explain the situation. If desired, my office can help you with that, see https://www.ske-advocaten.nl/verzetschrift-generator/ If an objection is unsuccessful, going to court is an option to have all aspects of the case reviewed by a judge. Good luck with that, lawyer

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