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
All in all though, sounds like you will need a decent lawyer. It makes me sick that no good deed goes unpunished.
Take heart. Although we read about lunatic judges here, most are pretty understanding and fair. Present the truth and you will probably be fine.
All the more important to get a lawyer.
You probably didn't say, "hold muh beer" first....
Get a lawyer, stop talking about this incident to ANYONE, and have JimRob delete this post. At least, that's what you should do if you're seriously worried about this.
Hahahaha
good one
How did they know it was "you"?
Service by mail? No process server for a felony? No hand cuffs and walk to jail?
There are holes in this story
This reminds me of a practical joke that someone played on their old man. The father did something of questionable legality and the son who worked at city hall made up a fake letter from the DA to come in for questioning. The father surrendered himself and the DA's office had no idea what was going on. I'm surprised the son didn't get into trouble for impersonating someone from the DA's office!
So... maybe your "friends" are playing a very elaborate dirty trick on you.
Exactly. If he knocked on the kid's window and said, "look, I don't feel like dragging you down to the police station so cut me some slack" what would they have said? He didn't say he was a police officer. It's the same weasel way that cops get out of entrapment issues when they respond to "Are you a cop" with "Do I look like a cop?"
As stated before. No jury will convict him.
Bargain down? From what Skipper says, there's no evidence of a crime. The DA has to give you all the evidence they have, witness statements, police reports, sworn affidavits, everything. And from what you say they have no evidence at all. Undoubtedly the punk swore out a warrant for you cause he was pissed that he was tricked into opening the door. Well, the punk may have stepped into it. If the DA finds out there are two sides to this story, most likely they will drop the charges. Unfortunately until you talk to the DA and explain your side of the case, all they have is what is sworn in the complaint.
So get a lawyer and march down to the DA together and see what they have. If they don't have anything your lawyer will know and so will the DA. Unless the kid is the son of the DA or the police chief, I'd say you have a good chance of getting the DA to drop the whole thing.
The last thing you want to do on this is to plea bargain. The elements of the crime are not there. You have a right to all witness statements and a copy of all their evidence. From what you say, no DA in his right mind is going to take this case to trial. Its a loser. They don't like to lose.
Your reading all though this thread GET A LAWYER,LET HIM DO YOUR TALKING!Use a local lawyer that go's to that court,HE deals with the judges and pros.
GET A LAWYER!
GET A LAWYER!
Seriously, man, get competent legal advice -- you cannot afford to do otherwise!
Another idea might be self-defense, which includes "defense of others" in most states. I seriously doubt there's been any law on this, but most states authorize one to use force -- even deadly force -- in defense of others. So it would stand to reason that you could also use deception to protect the kid and the public at large from a drunk driver.
That being said, get a lawyer and plea it out.
By the time I got done laughing he was too tired to chase me any longer.
Big point. Let the lawyer do the talking. Make no comments inferring that you tried to pass yourself off as a cop. Not even as a sly joke.
I think that if he never identified himself as a police officer, never showed a counterfeit badge, and never claimed to be placing anyone under arrest, he didn't do any thing that could be construed as impersonating a police officer.
It sounds as if the case would have to revolve on his demeanor. If walking with a swagger is impersonating a police officer, then we're all in big trouble. Showing someone a driver's license is evidence of NOT impersonating a police officer.
Boat: a large, heavy, older American full size automobile, usually low milage. example - 1957 Chrysler Imperial four-door sedan.
Why would someone who is not suppose to be drinking anyway call the cops and get himself into trouble?
This may be an unpopular opinion, but I think the poster is just as guilty as trying to get out of trouble as the young 'punk' is.
I mean think about it, he flashed his wallet. What other impression did he think he was going to give the kid?
Maybe you have to be from small town Wisconsin to understand. *shrug*
An ID is flashed that says Drivers License. The words stated are open up.
Who reported this? Something is missing.
Tell the judge I was so drunk I drove my boat to the bar,And the rest is a blur!
I have read stories in the past (of people getting off on a technicality) of charges being dropped for the simple fact that the complaint cited the wrong statue.
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