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

[Drango]

A monkey could take it from here.

No need to insult monkeys by associating them with lawyers....~ badda bing

[Gator113]

Good job..LOL AND, yes...... this would be a fun case.

[1rudeboy]

This has hoax written all over it . . . note that the poster gives a statute that refers to the penalty for the "crime," but not the statute referring to the crime itself. One would think that a misdemeanor complaint would notify the accused what statute has been violated, even in Wisconsin.

[EvenStevens]

We aren't that backward in Wisconsin. We just like people to think we are :)

Question of the subject: How do I post an event like crashing John Kerry's farm rally? Sorry to ask on topic.

[roylene]

Sorry, but you are right. I don't believe the story.

[RS]

To the boy -
Why did you open the door ?
Because he flashed soething at me and I thought he was a cop.
Did he say he was an officer ?
Maybe, I can't recall but I certainly had the impression he was
To the mother -
Did he identify himself as a police officer?
No, he came from behind me and showed his ID to boy.
To the dad -
Did he ever tell you he was NOT a cop ?
I don't recall him saying that.
What did you see ?
He walked over, showed his ID to boy and boy got out of the car.
Did it appear to you that he was acting as a police officer would ?
Not really, a cop would have shot him...

( objection ! )

[xm177e2]

A peace officer and a police officer are ousually 2 different things

Police are peace officers. So is anyone else who undergoes peace officer training for their job (such as some Park Rangers, etc.)

[BlueMondaySkipper]

You got the complaint in the mail?

Yep, In the mail.

[BlueMondaySkipper]

How could you drive home in your boat?

We have a houseboat that we spend our weekends on in the summer. We went out by car to a local bar with the wives/girlfriends, returning at about 11:00. The guys decided to take a speedboat ride to town to hit a couple of bars. The speedboat was parked at a public dock just off main street, less than a block away from where the whole thing took place.

You were impersonating an officer. You broke the law.

That's what worries me. I looked up the statutes and it appears I'm guilty.

[BlueMondaySkipper]

I didn't tell anyone I was a cop, nor did I threaten arrest. I flashed my drivers license like it was a badge with my left hand, while I had my right hand on my cell phone (sort of like how a cop would have his hand on his gun). The kid opened up the door right away and I walked away.

[BlueMondaySkipper]

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

See explanation in post #89

[BlueMondaySkipper]

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

I didn't know anyone at the bar and I don't remember seeing anyone else on the street. The only thing I can think of is if someone got the registration numbers from the boat. Funny thing is, I just got them put on the week before...

Perhaps the local police were sitting somewhere watching for people leaving at bar time and saw the whole thing?

[BlueMondaySkipper]

Tell the judge I was so drunk I drove my boat to the bar,And the rest is a blur!

I'm thinking that this may not help me much... :-)

[BlueMondaySkipper]

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.

I never thought of that... :-(

[BlueMondaySkipper]

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.

Here Goes:

The plaintiff, State of Wisconsin, by it's attorney, for a complaint against the defendant alleges:

1. The defendant, name deleted, on or about the night of May 29th, 2004, was in the city of deleted.
2. The defendant was a patron at a local establishment so named deleted, located in the city of deleted
The defendant was witnessed as impersonating a police officer involving an occupied and unmoving vehicle outside of aforesaid establishment which is in violation of WI statute 939.51, a Class A misdemeanor, punishible by a forfeiture not to exceed $10,000 or imprisonment not to exceed 9 months, or both. (BlueMondaySkipper note: this is in error. 939.51 is actually the definition of the penalty for a class A misdemeanor. I did some research and WI statute 946.70 is probably what they mean)
4. The defendant caused such action as to lead the public-at-large to believe that he was an off-duty police officer.

WHEREFORE, the plaintiff demands a hearing with the defendant to face possible criminal charges. You will be notified within seven (7) days of the court date to be assigned in this case. You may wish to have an attorney present at the hearing.

Dated this 23rd day of June, 2004

It is signed by the Clerk of circuit court

[BlueMondaySkipper]

Can't offer you any legal advice but you left a bar and drove your "boat" home? :')

Yes ma'am, see post #89

[BlueMondaySkipper]

No one other than my buddies knew who I was and I never gave my name to anyone. I'm suspecting the boat registration was the link.
My concern is that the local police witnessed it and are the ones who started the ball rolling.

[CindyDawg]

Hey you are back. Thought you skipped out:') You have to admit the "driving" home in your boat sounded funny.

I doubt if the police witnessed this. They would have came over and checked out what was happening.

[CindyDawg]

If you really aren't a law student playing with us though, aren't you concerned to have this up on the net?

[BlueMondaySkipper]

Is the complaint only by the kid or is his mother joining him?

The complaint says the Sate Of Wisconsin, I haven't seen any other documentation yet.