To: BlueMondaySkipper
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.
21 posted on
06/30/2004 9:27:56 PM PDT by
July 4th
(You need to click "Abstimmen")
To: July 4th; BlueMondaySkipper
All the more important to get a lawyer.
42 posted on
06/30/2004 9:35:59 PM PDT by
FairOpinion
(If you are not voting for Bush, you are voting for the terrorists.)
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