Common assault

[robbycolm]

Hi I have a bit of a problem, I got a taxi at 4 in the morning after a bit of a house party. The taxi driver tried taking me home the scenic route which i disagreed with, he pulled over and said i can get out if i wasnt happy but as i was 10 mile from home i opted to stay in the taxi. We just got going again when he started playing with the meter and the cost of the taxi doubled in price! We then had a very heated argument.
He told me to leave the taxi, I got out and he drove off. On my way home (walking) i was stopped by the police saying that i had punched the taxi driver in the nose (which of course i didn't). I was arrested, in the interview i was advised by my solicitor to give a no comment interview as the taxi driver hadn't give his statement yet so i was bailed until next month. The thing there were no witnesses and no CCTV but i had been drinking. Have i got a leg to stand on? If not what is the likely out come?
I have 3 minor convictions spreading over the last 10 years but my solicitor said they are not serious enough to bring up. I happily married with 4 children under the age of 5 and have a good job will this help me in anyway?
Thank you
Rob

[Teleph0ne]

I would say if they take it further then you will probably receive a caution if it is only common assault, I had a similar problem with a pub landlord who was pushing me around until I did punch him, strangely the CCTV footage disapeared and there was very little evidence, however I admitted punching him and got a caution. Common assault is a very minor offence and rarely makes it to court nowadays

[FrankGalvin]

Well, if you genuinely acted as you claim, then the offence that is alleged against you has not been committed.

What evidence exists?

On the face of it, it seems that it is a case of 'one word against the other'. In the absence of any other evidence then there is insufficient evidence to prove you guilty (beyond all reasonable doubt) of committing an assault.

What evidence exists?

If the taxi driver had a bloodied or bruised face/nose, and you have a bruised fist, you may be in trouble. More so if any forensic analysis were to show that the taxi drivers blood showed up on the sleeve of the shirt you were wearing.

Nothing else matters.

It matters not how drunk you were. The allegation against you must be proven beyond all reasonable doubt.