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
Is no one wondering why the author of this thread has not responded?
Do you live in Wisconsin?
P.S.--No need to have the thread pulled for anonymity. Moved to chat, lol.
"Isn't there something called a "citizen arrest". You don't have to be a policemen to do that. "
But you can't identify yourself as a police officer. It is a felony.
I was just saying that as a "what-if" or "even if" since "even if" he did that he's not identifying himself as an officer since anyone can "drag someone down to the station".
I am not a lawyer and this is not legal advise. I would NOT try to talk to this lady or anyone involved in this incident. You don't know who is working against you and any such contact could turn into another event. The last thing you need at this moment is a charge of Attempting to Intimidate a Witness.....and that is exactly how such a contact could end.
As always, your best advise is to contact a lawyer. If it were me, I would go straight down to the Law Enforcement agency, find out what in the heck is going on and set the record straight. BUT that's me, for anyone else, I would recommend doing nothing and saying nothing to anyone until you talk to a lawyer.
I wonder if getting this story out all over the morning talk radio shows in your area, as well as getting the MADD folks involved could generate some heat and perhaps the charges would be dropped or reduced.
He stated: " 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".
Putting his hand on his cell phone could be taken as reaching for a gun, especially if it was not illuminated and it was clipped to his belt. He flashed his driver's license, from my understanding of his story, while it was in his wallet. Still could be consider flashing a 'badge'. My guess is that video tape caught him, someone told the police, and they were able to get his information from his plates.
A peace officer and a police officer are ousually 2 different things. I'm not sure about the laws in WI or the local community in question.
What's he going to do, tell the MADD people he was leaving the bar to drive home in his boat?
Why not just call the cops to get the kid out of the car instead?
There's more to this story then what you are saying, but you might try to make it easier for us by linking to the statutes and providing the exact wording on the complaint.
Another scenerio - The mother never realized you were not a cop... the kid smacked the mother, took the keys back and drove off the road - the mother files a complaint with the real Police claiming the cop did not safeguard the situation. The real cops go "huh?" and track you down to save their butts.
It's ok, if he's a post and run. Freepers can carry these kind of threads all by themselves:')
"Is no one wondering why the author of this thread has not responded?
It's ok, if he's a post and run. Freepers can carry these kind of threads all by themselves:')"
Probably had a paper due in the morning and figured that freepers would write it for him !
Wouldn't be the first time, huh? :')
Naw, we're on the windward side.
Mr. Boy, were you sitting behind the wheel of the automobile?
Yes.
Were the doors locked? I warn you that you are under oath.
Yes.
Did you have the car's keys with you?
Yes.
Were they in the ignition?
I don't remember.
You were sitting behind the wheel of the car, doors locked, and you don't remember if the keys were in the ignition?
Yes.
How much did you have to drink that evening?
[Objection. Relevance. Move to Strike]
Your Honor, I have witnesses who will testify that my client was under the impression that the boy had been drinking, and that this motivated him to ask the boy to step out of the vehicle.
[Overruled.]
How much did you have to drink that evening?
A few beers.
A few beers? More than three or four? More than six?
I don't remember.
Have you ever been arrested for drunk driving?
[Objection. Relevance. State's witness is not on trial here]
Your Honor, I have witnesses that will testify that the boy's mother and father were concerned that the boy would drive off, and that motivated my client to ask him to step out of the vehicle.
[Overruled]
Have you ever been arrested for drunk driving?
Yes.
Your Honor, defense introduces Exhibit A, which is an affadavit from the Wisconsin Secretary of State that show the boy's driver's license was suspended at the time of this incident.
A monkey could take it from here.
Maybe his boat had a flat tire.
"Wouldn't be the first time, huh? :')"
He'll flunk.. not going to be a good criminal lawyer with a freeper attitude towards justice - why do you think Rush hired Roy Black ?
I still think it was one of his buddies playing a dirty trick on him. Pretty easy to make fake documents on a computer, especially if you have no idea what they are supposed to look like. If the complaint really came from the DA, he would have been visited in person by a police officer or a DA invesitgator.
Disclaimer: Opinions posted on Free Republic are those of the individual posters and do not necessarily represent the opinion of Free Republic or its management. All materials posted herein are protected by copyright law and the exemption for fair use of copyrighted works.