ExpertLaw.com Forums

Is The Middle Finger Disorderly Conduct

Printable View

  • 02-16-2012, 12:04 AM
    parad0xy
    Is The Middle Finger Disorderly Conduct
    Hello, im wondering about a disorderly conduct charge i received, my state is Minnesota.
    On Feb 1st I was on my way to work behind a school bus. I had noticed a few students in the back of the bus making obscene gestures towards myself (directly behind the bus) and towards other drivers around the bus. these gestures included Gang symbols, sexual hand gestures, and middle fingers.
    As traffic started flowing again the students had ceased the actions until we got to the next stoplight. When we stopped at this point the hand gestures continued. While stopped i became annoyed at the students and gave them the middle finger before continuing on my way.
    The next day an officer from the local police department arrived at my house around 7 or 8 PM. When I answered the door he asked if I drove the Indicated car in my drive way. I agreed and he asked me to give my side of the incident of what happened. I explained the above and he asked me about an incident with a knife. I had explained to him there was no knife involved in this incident. He just asked once more "Absolutely no knife?" and I agreed. After that He asked to see my driver license and also asked if I was in fact 18. After that we had shook hands and departed.
    The next day Friday the third I had received a letter in the mail from the police department with a Citation, Citation number, and a defined court date.
    I have yet to obtain a copy of the police report, but i do know that the location on the ticket i received does not match the location that the incident occurred at. (About a half mile apart)
    Im a little worried seeing as the students must have reported there being a knife, which is a lie.
    This whole event has been very frustrating, anyone have any advice, and can this even be considered disorderly conduct?
  • 02-16-2012, 08:10 AM
    LawResearcherMissy
    Re: Is The Middle Finger Disorderly Conduct
    You'd do well to get a copy of the police report to find out exactly what it is that you're accused of.

    Though locales have attempted to charge folks with disorderly conduct for flipping the bird, courts across the nation have routinely thrown such charges out.

    In any case, get that police report, and have a chat with an attorney.
  • 02-16-2012, 08:16 AM
    parad0xy
    Re: Is The Middle Finger Disorderly Conduct
    what can I do to prove I didn't have a knife, if that is the reason why, as I believe all the officer has is the word of a 14 year old
  • 02-16-2012, 08:35 AM
    LawResearcherMissy
    Re: Is The Middle Finger Disorderly Conduct
    That's why you need to have a chat with an attorney!
  • 02-16-2012, 03:11 PM
    jk
    Re: Is The Middle Finger Disorderly Conduct
    Quote:

    The next day Friday the third I had received a letter in the mail from the police department with a Citation, Citation number, and a defined court date.
    what are the charges?
  • 02-16-2012, 09:07 PM
    parad0xy
    Re: Is The Middle Finger Disorderly Conduct
    I just finished looking over the police reports, it looks like I shot myself in the foot, the officer stated in the report that i admitted to being involved, but did not mention that i acted after several students gave me the finger. it also looks like I'm at the mercy of a 13 year old who called 911 on the bus.

    the exact charge I have is disorderly conduct, because I "flipped off" a middle school bus.
  • 02-17-2012, 01:20 AM
    garyS-NJ1
    Re: Is The Middle Finger Disorderly Conduct
    the accuser has the obligation to prove that you brandished a weapon (I don't know what goes with weapons and brandishing or threats with a weapon). and I agree that I believe the courts have found that flipping the bird is freedom of expression. Shame you should spend some money on a lawyer but first get the exact alleged violation by statute from the summons and look it up. they need to prove each element of that offense.
  • 02-17-2012, 06:45 AM
    parad0xy
    Re: Is The Middle Finger Disorderly Conduct
    it looks like, from the report they they were going to charge ne with terroristic threats, but because I denied the knife, but admitted to the involvement of the whole event, they are just going for the disorderly conduct. I was hoping to avoid a lawyer, but that might be my best choice. I'm not fimilar with the legal system too well, but isn't their a way that if i win, the prosecution would have to pay my costs?
  • 02-17-2012, 02:11 PM
    jk
    Re: Is The Middle Finger Disorderly Conduct
    Quote:

    609.72 DISORDERLY CONDUCT.

    Subdivision 1.Crime.

    Whoever does any of the following in a public or private place, including on a school bus, knowing, or having reasonable grounds to know that it will, or will tend to, alarm, anger or disturb others or provoke an assault or breach of the peace, is guilty of disorderly conduct, which is a misdemeanor:
    (1) engages in brawling or fighting; or
    (2) disturbs an assembly or meeting, not unlawful in its character; or
    (3) engages in offensive, obscene, abusive, boisterous, or noisy conduct or in offensive, obscene, or abusive language tending reasonably to arouse alarm, anger, or resentment in others.
    A person does not violate this section if the person's disorderly conduct was caused by an epileptic seizure.

    while it does appear that under the law, what you did was a crime. I would believe the law is unconstitutional if applied to flipping off somebody. I know in other states flipping a person off has been ruled to be protected speech under the constitution.

    I would speak with a lawyer.
  • 02-17-2012, 05:02 PM
    davidmcbeth3
    Re: Is The Middle Finger Disorderly Conduct
    it does not rise to the level of being criminal ... its typical police behavior ... a motion for acquittal would seem in order after the state rests.

    Do not try to "talk your way out of it" you'll just be giving them more ammo for trial.
  • 02-18-2012, 10:03 PM
    WrongfullyAccusedOne
    Re: Is The Middle Finger Disorderly Conduct
    Quote:

    Quoting jk
    View Post
    while it does appear that under the law, what you did was a crime. I would believe the law is unconstitutional if applied to flipping off somebody. I know in other states flipping a person off has been ruled to be protected speech under the constitution.

    I would speak with a lawyer.

    Can you tell me how you came across that quoted paragraph? I tried doing something similar for a specific charge in my state (ALABAMA) but Google results weren't helpful and I'm probably not using it properly.
  • 02-19-2012, 04:20 PM
    jk
    Re: Is The Middle Finger Disorderly Conduct
    Quote:

    Quoting WrongfullyAccusedOne
    View Post
    Can you tell me how you came across that quoted paragraph? I tried doing something similar for a specific charge in my state (ALABAMA) but Google results weren't helpful and I'm probably not using it properly.

    that was an excerpt from the laws of the OP's state.

    Here are 'bama's statutes:

    http://alisondb.legislature.state.al...ASLoginMac.asp
All times are GMT -7. The time now is 07:22 AM.
Powered by vBulletin® Version 4.2.4
Copyright © 2023 vBulletin Solutions, Inc. All rights reserved.
Copyright © 2004 - 2018 ExpertLaw.com, All Rights Reserved