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Zoey_ JD
Zoey_ JD, JustAnswer Criminal Law Mentor
Category: Criminal Law
Satisfied Customers: 26425
Experience:  Admitted to NYS Criminal defense bar in 1989. Extensive arraignment, hearing, trial experience.
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Grandson drove thru drive thru at McDonalds to get a cream

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Grandson drove thru drive thru at McDonalds to get a cream pie and they were out. After he drove off he shouted out the window, "I can't beleive you're out of cream pies" An undercover officer wrote him a ticket and he goes to court in the morning. He was being silly, not criminal, what can we expect from this? He's a senior in college and should have known better, but he had another guy with him so he was being silly.
Hi Jacustomer,

That's almost unbelievable. Hopefully, they will dismiss it outright when he gets to court. Sometimes, that can happen.

Can you tell me what he was charged with?
Customer: replied 4 years ago.

He4 was charged with breach of peace

Hi Carole,

I have looked over the statute for Breach of the Peace at least 4 times now, and I cannot see that anything he did makes out the element of the crimes charged. You can read these yourself here.

The offense as you can see is a misdmeanor, but when he goes to court if they don not dismiss it, he should plead not guilty and ask for a new date to come back with a lawyer. This case is badly overcharged, and unless there is something you haven't told me, if they don't just toss it, or if a lawyer could't get it pitched, then the lawyer could at least bargain it into something that won't give your grandson a criminal record.
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