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Andrea, Esq.
Andrea, Esq., Attorney
Category: Legal
Satisfied Customers: 12554
Experience:  25 yrs. experience in family law, estates, real estate, business law, criminal defense, immigration, and employment law.
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First offense, charged with disorderly conduct

Customer Question

First offense, charged with disorderly conduct for swearing at a driver who almost hit me. Charge was in a parking garage. Should I be worried about this. I am a Nurse Practitioner and don't want this affecting my future as I believe I did nothing wrong.
Submitted: 1 year ago.
Category: Legal
Customer: replied 1 year ago.
According to what I've read it is a class 1 petty misdemeanor.
Expert:  Andrea, Esq. replied 1 year ago.
Hi, my name is ***** ***** I will do my best to help,
A petty misdemeanor should not affect your professional standing as a nurse practitioner. But, we have a lot of people who have no business being behind a wheel. If I were in your position, I would do the following -
1. Plead "Not Guilty"
2. Ask for a hearing date;
3. Prepare what you are going to say to the Judge and Practice, practice, practice, saying your entire statement that you will make to the Judge;
4. Your story - You were on your way to see a seriously ill patient. Although you were in a hurry, you do not think it would be worth risking your life over. The other driver was obviously not paying attention to his driving, or handling of his vehicle. In fact, he (she) looked as if they were in a daze. That's what made me even more cautious - the dazed look he had in his eyes. It did not look like he was paying attention to his driving, or to anything around him.
"Your Honor, Did I swear at him ?"
"Yes", and I am embarrassed for that, but his car was coming directly at me, I became frightened, and then I thought to myself, "How do people who drive as if they are the only people on the road, get away with frightening innocent, law abiding people, place tem in fear of their very lives, then drive away scot free, not so much as a reprimand on their driving, not even a comment such as, "Be careful, there are innocent people who share this road", nothing, and because I reacted by using a curse word, I am seen as the aggressor and he, who literally, put me in fear of my life, is seen as the innocent "bystander"? I have to ask myself, has bad behavior and dangerous conduct become so much the norm, that innocent people have become the minority; And dangerous conduct has become the norm in out society ? What kind of society have we become, What have we become now that right cannot be separated from wrong ? I almost got knocked over by (Name of guy) and instead of a police officer coming to assist me, he couldn't wait to give me a ticket because I reacted as any normal human being would react. You cannot cause bodily injury with words.... etc.
Make the Judge feel that he should join the animal kingdom if he dares to find you even remotely guilty,
_________________________________________________
Please be kind enough to leave a Positive rating. It will not cost you anything additional, but it is the only way that JustAnswer will give me credit for assisting you,
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Kindest Regards,
ANDREA
Customer: replied 1 year ago.
Thank you, ***** ***** respond with a positive feedback. The cop told me that if the other person did not show up the ticket will be dismissed. Also, the first cop on scene wanted us to just shake and apologize and all would be forgiven and we would be free to go. The second cop what his sheriff and wanted to give me the ticket; Therefore, the first cop who didn't want to write the ticket had too. If he doesn't show up to my initial hearing and the other guy doesn't show up, will this ticket be dropped? Thank you!!
Expert:  Andrea, Esq. replied 1 year ago.
1. If neither policeman witnessed what happened, then neither should be allowed to testify. If wither one attempts to take the witness stand, you must stand up and respectfully ***** ***** following.
"Your Honor, with all due respect, neither of these police officers witnessed or heard anything. So, I respectfully ***** ***** tis Court that any testimony they give will be completely hearsay and should not be permitted."
2. If the other individual does not appear, then when your case is called, you should say the following,
"Your Honor, my name is __________ and I was given a ticket for _____ to which I am entering my plea of "Not Guilty". And since Mr. So and so has failed to appear, the police officers who later arrived at the scene, neither heard, nor saw anything. Therefore, their testimony would be pure hearsay and should not be permitted, nor considered in deciding my guilt or innocence".
If, by some remote and unknown reason the Judge allows the first police officer to testify, do the following,
A. "Your Honor, I would like to renew my objection to permitting either police officer to testify on the grounds they were not present and anything they might testify to, even under Oath, is hearsay;
B. Therefore, testimony from either officer should not be permitted since they saw and heard nothing, their testimony would be pure hearsay and should not be permitted".
If the other person does not show up, and you voice your objection to any testimony from the police officers, you will then ask the Judge to dismiss the ticket and find you "Not Guilty",
"Your Honor, Mr. _____ did not have enough respect for the Court to even appear and since neither of the police officers saw or heard anything, so their testimony would be pure hearsay, I respectfully ***** ***** Court to dismiss the ticket and find me, "Not Guilty". Thank you,
_____________________________________________________________________
Please be kind enough to leave a Positive rating. It will not cost you anything additional, but it is the only way that JustAnswer will give me credit for assisting you,
Please feel free to ask for clarification on anything you do not understand and I will be glad to explain further,
Positive Feedback and Bonus are very much appreciated,
Kindest Regards,
ANDREA

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