QUESTION
What are my chances for getting an ACD or immediate dismissal for a disorderly conduct charge?
Asked on Jul 10th, 2014 on Criminal Law - New York
More details to this question:
I was arrested on Memorial Day for disorderly conduct. I first got into my car, rolled down my windows and pulled out of my parking spot. I then cleaned my nose with a very small piece of tissue and without thinking I tossed it out the car window. A police officer was in his car driving by, pointed to the tissue and I immediately picked it up. He then pulls me over for not having a front plate. I had replaced the front bumper a few months earlier due to damage from an accident. The officer questioned me about it and I explained I was busy with school and trying to find a job. He insisted that he was sure that I had time and questioned me some more. He then asked me if I had tints. I wanted to speed the process up and respected him enough to tell the truth and said yes. He then came back with a tint reader and asked me to roll my window up, at this point I was very angry because I was nothing but respectful even though I underwent unnecessary questioning and him insisting I had time. I then asked him why he was coming after me to ticket me when on a day like this when he should be out looking to pull people over who are driving drunk. I was in no way yelling but simply showed I was a little annoyed. He then started grinding his teeth with his mouth closed and jaw muscles flaring I guess to try and intimidate me and said why don’t I roll my window up so I can get to those people. I did so immediately and said something. He asked what I said because he did not hear me clearly himself. I said it again and again not yelling even calmer than before. He then told me I was done and went to his car and called for back-up. I got out the car to apologize and I did he got out of his car and yelled at me to get back into my car and I did so. I tried to explain that I was going through depression and was stressed due to my finals in college. He did not want to hear it.
2 ANSWERS
John J. Carney
You handled the situation very badly at every turn. First of all, tints are illegal and the shop will not tell you that. Second, you must have two plates on the car. That is the law and you knew it so not having time is just an excuse not a defense. You would have gotten a few tickets and that would have ended the matter, and maybe he would have just given you a warning until you opened your mouth and showed disrespect by implying that he was doing something wrong. To give him an old cliche like 'why don't you go after real criminals' is not going to gain you any points and will infuriate most officers. You need to read a book called The Bachelors Bible. It is a book about how to get what you want in life with communication skills, people skills, and techniques of social science and psychology that work well in many cases to help you to control and manipulate others as opposed to having them control and manipulate you. Retain a good lawyer to get you an ACD dismissal and you will not have a record. Never throw gasoline on a fire and remember you will get more flies with honey than with vinegar (although I could never figure out why you would want flies in the first place).
Answered on Jul 11th, 2014 at 11:47 AM
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Answered on Jul 11th, 2014 at 9:22 AM