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  1. #1
    nosirnotme Guest

    Question disturbance of the public peace charge on PBJ

    What is the name of your state? MD
    I was punched by a stranger on the way out of a club. both me and the other guy were escorted out of the place by the bouncers. when i went outside, i saw the guy and wanted to know why he hit me. obviously, i was mad, but i am not stupid and going to hit someone and get charged for assault. i just wanted to know why the guy hit me. i went up to the guy and asked, "are you the guy who hit me?" then, the guy punched me again. i was arrested by the police for "disturbance of the public peace." they did not get the other guy. i think he may have ran off. i was a victim in this case and was arrested. i did not know who the other guy was, so i could not press assault charges against him. how should i fight this misdemeanor charge? i went to the club alone (via taxi) and i do not know anyone i could call as a witness in my defense. i am currently on a pbj for a first time DUI offense. will this charge affect the pbj?
  2. #2
    racer72 is offline Senior Member
    Join Date
    Jan 2001
    Posts
    14,086
    pbj-peanut butter and jelly?
  3. #3
    nosirnotme Guest
    peanut butter and jelly would have been nice...but it's probation before judgement
  4. #4
    hmmbrdzz Guest
    Yeah -- it could affect it. You're now going to have to pay the price for that DUI charge, and you're going to have to pay the price for this new charge. You were in the wrong place on a PBJ regardless of the taxi ride or not. You really messed up. Your credibility is now shot. Get an attorney, as that will be your only hope.



    hmmbrdzz
  5. #5
    stephenk is offline Senior Member
    Join Date
    Oct 2001
    Location
    california
    Posts
    7,790
    how much alcohol did you consume that evening? What does the police report say regarding how you disturbed the peace. The report should note any witnesses or complaining people.
  6. #6
    nosirnotme Guest
    Thanks for the responses.

    I have to get a copy of the police report. The citation that I received says "disturbance of the public peace", specifically "disorderly conduct." I was never told nor did it say anywhere that I could not drink while on a PBJ. I had a few drinks that night. I know that I am not supposed to get into any trouble with the law, even something as small as jaywalking can be brought up.

    I spoke to a lawyer and he said that I can beat this charge. He thought it was ridiculous that the police even charged me when the other guy is the one that hit me, right in front of them.
  7. #7
    hmmbrdzz Guest
    You are not a "victim" in this case as you contend, and this charge is going to effect your PBJ. You have a DUI charge and got a PBJ instead of conviction; you were ordered by the court to stay out of trouble, and you didn't. Bouncers don't throw law-abiding customers out of establishments. Bouncers throw disorderly drunks out. Disorderly conduct is a charge handed down to public drunks.

    If you know you aren't supposed to get in trouble with the law, it doesn't look like it. Your attorney's efforts are going to fail soon, if not this time.

    hmmbrdzz

    Oh.... I forgot. "No Sir, Not Me" is not a good enough defense.
    Last edited by hmmbrdzz; 01-02-2003 at 07:02 AM.

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