Legal Advise Needed (you won't believe this story)

BlueMondaySkipper

[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

[July 4th]

This is from the Wisconsin Statutes, wisbar.org:

125.105 Impersonating an officer.

(1) No person may impersonate an inspector, agent or other employee of the department or of the department of justice.
(2) (a) Whoever violates sub. (1) with the intent to mislead another may be fined not more than $10,000 or imprisoned for not more than 9 months or both.
(b) Whoever violates sub. (1) to commit, or abet the commission of, a crime is guilty of a Class H felony.

I would suggest hiring a local defense attorney who actually knows the prosecutor. This is usually the easiest way to get out of stupid charges. If you want to try and defend it on your own, which I don't recommend, you've got several options.

As you can see, intent is a necessary element of the crime. Did you intend to mislead the kid? Make him think that you were a cop? If so, you violated the letter of the statute. If not, demonstrate with facts that you did not intend to put yourself forward as an officer.

Second, I think since the maximum jail term is 9 months, you are entitled to a full jury trial. (6 months is the minimum). I doubt the prosecutor will want to actually try a case where he has to argue against someone who successfully and safely got the car keys from a drunk driver.

Just my two cents on the matter. I offer you no offical legal representation with this advice.

[HAL9000]

I did some looking online and found statute 946.70, Impersonating peace officers, that by my reading I probably am guilty of.

Your attorney will cringe when he reads that line. Good luck.

[1rudeboy]

You got the complaint in the mail? Deny everything except being in the area that evening. Make the State prove its case. Make the State tell you what its case is, for chrissake. Are you sure your drinking buddies aren't effing with 'ya?

[Born in a Rage]

Get a lawyer and go over everything. I'm a 'do-gooder' like yourself and have found that people that folks like us 'help' will turn around and knock us flat on the ground if they have any feeling that they need to protect themselves from getting into any type of troubles or arguments or anything......don't trust them to tell the truth, is what I'm saying. You don't know what may have happened after you left.

[Bronco_Buster_FweetHyagh]

After last call, we exited the bar and began walking to my boat to drive home.

How could you drive home in your boat?

p.s.

You were impersonating an officer. You broke the law. However, get a criminal defense attorney and demand a jury trial. Tell the jury, and ask them to let you go for doing the right thing.

[Dallas59]

Isn't there something called a "citizen arrest". You don't have to be a policemen to do that. You just prevented a drunk kid from driving and breaking the law. I'd contact MADD.

[Bogey78O]

Here is what I found...

Section 946.70(1), Stats., states: "[W]hoever impersonates a peace officer with intent to mislead others into believing that the person is actually a peace officer is guilty of a Class A misdemeanor."

Did you identify yourself as a police officer? Did at any time you make a comman of anyone under threat of arrest? If not then I say the state's not gonna push it. Especially if you can get a jury trial. Worst case scenario is you're out of a few hundred for a lawyer.

[Texasforever]

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.

You were going to drive your BOAT home? Where do you live in Venice?

[Boazo]

Don't talk to any cops,And there would have to be some really good proof you did this! I would not admit to anything! Just because your boat was there doen't mean you were.

[HairOfTheDog]

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.

Nobody ever ~feels~ like hiring an attorney.... especially when they really need one.

[Old Professer]

It's agood thing gas prices are coming down, he would be walking next.

[Dinsdale]

Ask the admin mod to have this thread deleted!

Get a lawyer, don't admit ANYTHING.

[summer]

RE post #34 - Best advice on the thread.

[Texasforever]

I think our leg is being pulled.

[Bogey78O]

Yea, never say "I'm probably guilty".

[NY Patriot]

Sorry, but somthing just does not sit right about story.

BlueMondaySkipper... how exactly did the police, the parents, the drunk punk, etc. KNOW WHO THE HECK YOU ARE???

[mdittmar]

Get a good lawyer now,admit to nothing.

[1rudeboy]

No kidding. "Your honor, my client showed his driver's license to the boy because he wanted to prove that he lived in the area. By the way, how many drinks did the State's prime witness have that evening?"