Posted on 06/30/2004 9:09:46 PM PDT by BlueMondaySkipper
I need some legal advice from my Freeper friends.
Here is my story:
A few weeks ago, some buddies and I went out to a bar in a small town in Wisconsin. After last call, we exited the bar and began walking to my boat to drive home.
A little way down the sidewalk there was a man standing there looking at a car that was parked on the other side of the street, maybe 30-40 yards down the street. There was a woman next to the car knocking on various windows and talking to someone inside.
As I walked up to him, I stopped and asked what he was looking at. He told me that his son was in the car and his mother (the son's) was trying to get him out.
Apparently he had just turned 21 and had gotten a DWI a few days earlier. He wasn't supposed to be out that night, and now he had been drinking and would not give up the car keys.
We made small talk for a little while, talking about trouble with kids and so on, while the mother continued to try to get the kid to unlock the car. After a while I was ready to leave so I got an idea and told the guy that I would get the kid out of the car.
I proceeded to walk diagonally across the street to towards the car. On the way over, I pulled my wallet from my pocket and put my hand on my cell phone which was clipped to my belt. When I got to the car, I flashed my driver's license and said "Open up buddy". The kid inside was taken aback a little bit, and then he opened the door. The mother grabbed the keys an the problem was solved. I put my wallet back in my pocket and walked away, confident that I had done my good deed for the day.
That was May 29th.
Today in the mail, I got a complaint from the State Of Wisconsin, charging me with Impersonating a Police Officer which is a Class A Misdemeanor punishable by a forfeiture of up to $10,000 or imprisonment not to exceed 9 months, or both.
I thought I was doing the right thing by keeping this kid off the road, but now I looks like I'm in trouble. I don't really feel like hiring an attorney but at the same time, I certainly don't want to have to pay a fine or go to jail.
The complaint said I would be notified of the court date within 7 days, but also included with the complaint was a summons which said I must respond with a written answer within 45 days. The complaint said I was in violation of Wisconsin statute 939.51 but that is actually the description of the Class A misdemeanor. I did some looking online and found statute 946.70, Impersonating peace officers, that by my reading I probably am guilty of.
I'm tempted to just respond and state I'm not guilty based on the statute they referred to, but I'm sure that wouldn't get me far.
I don't know how they got my name. The only thing I can think of was someone saw the whole thing and tracked me down through my boat registration number.
Any suggestions? I would appreciate any input the legal minds here could provide.
Thanks
Bingo. Learn it, love it, live it.
If it makes even a 5% difference in the likelihood of acquittal, I'd think a lawyer would be well worth the money. And in a case like this, I think it very easily could make a difference.
So you have to make an appearance at court on Tuesday? Let us know how this turns out. Have you spoken with an attorney yet?
Re-read my post 104.
Lawyers can be expensive. If BMS has money to burn, then he might as well get a lawyer. But otherwise, I think he ought to establish that the State is serious about pursuing this (which I rather doubt), before spending money on a lawyer.
Perhaps, though I would suspect that if there are possibilities of getting things quashed for technical reasons, a judge would be far more likely to listen to a lawyer than a pæon.
I'm glad it was a happy ending and I love it when you can turn a joke back on someone!
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