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Zoey_ JD
Zoey_ JD, JustAnswer Criminal Law Mentor
Category: Criminal Law
Satisfied Customers: 27474
Experience:  Admitted to NYS Criminal defense bar in 1989. Extensive arraignment, hearing, trial experience.
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I was driving down a road near my mothers home to look at property

Customer Question

I was driving down a road near my mothers home to look at property at the end of the road that was for sale. As i was backing down the long dribveway a vehicle pulled behind me and blocked my ability to continue, or turn around. The man, I am a woman, and he would have seen me drive past his house, because his dogs barked at me as i drove in. This man got out of his car and walked up to my car and asked what i was doing. I told him I was looking at the property for sale and that he had no right to be blocking me in and preventing me from moving. He told me he was tired of cars coming down here. I informed him that my mother lived on this road and he needed to move his car. I also said that if he were to have flagged me down i would have had a conversation with him, but blocking my car was rude and it needed moved now. He finally moved his car and drove back to hus house. I wokld like ti call the sheriffs office now and wished i had done it earlier. I believe that if it hsd been a male or a pickup, he would not have acted so hasty. Mt statute 45-8-101 renddering thecfree ingress or egress to public or private places impassable. What should i do?
Submitted: 2 years ago.
Category: Criminal Law
Expert:  Zoey_ JD replied 2 years ago.
My name is ***** ***** I am an experienced criminal lawyer.
What you should do is entirely up to you. But if your real question is whether this person's actions make out disorderly conduct under Montana's 45-8-01(c) the answer is that yes, it does.
Whether you want to escalate a problem with a neighbor of your mothers that you as not apt to have any social dealings with again is another matter. But this charge is a misdemeanor, carrying a maximum possible incarceratory penalty of 1 year. So you could report it to the police and tell them that you want charges pressed against this man.
Even though you did not make an immediate outcry to the police, as long as a case got filed before the statute of limitations elapses on the misdmeenanor (3 years) the case would not be considered too old to be prosecuted.
Note that this is going to be a hea said/she said type of case. There are no witnesses, and it will be your word against his. So try to report it as soon as possible if you're going to try to have him prosecuted.