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Not home at time

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advice06hd

Junior Member
What is the name of your state (only U.S. law)?MN
I got a disturbing the peace ticket mailed to me because the door wasn't answered when the cops came. If they never made contact with me and it could've been a roomate or freind at my house while I wasn't home, can it stand up in court? I am the owner of the house.
 


justalayman

Senior Member
haven't looked but in some states, owners are liable for the actions at their property. Additionally, whomever filed the complaint may be able to identify the person.
 

advice06hd

Junior Member
Not home

There was nobody home to identify the person, they came home after the music was already playing. On the ticket there is a choice for ...
owner, driver, passenger, operate, parked or citee. The box next to citee is checked, not owner.
 

dave33

Senior Member
It will only stand up in court if you let it. Plead not guilty and see what direction the state goes in after that. Consult local attorney(free consultation) and get his opinion.goodluck.
 

advice06hd

Junior Member
Not home

I don't want to be ****y, but this kind of seems like the vehicle camera tickets that had been given out and then got dismissed because they didn't see the real driver of the car, just the owner of the car. This is a petty case and I don't want to make a huge deal of it, I don't think the state would either?? The only reason I'm fighting is because the person that complained was the neighbor girl that dated me all summer and now that it's over she's out to get me. Regardless, the cops came, no one answered the door and a ticket was issued. I'm just confused as to if I can be punished when nobody knows who was playing the music.
 

justalayman

Senior Member
=advice06hd;2393023]I don't want to be ****y, but this kind of seems like the vehicle camera tickets that had been given out and then got dismissed because they didn't see the real driver of the car, just the owner of the car.
I believe there are some states that this is legal.

This is a petty case and I don't want to make a huge deal of it, I don't think the state would either??
Of course they would. It's your money they will be spending to prosecute you.

The only reason I'm fighting is because the person that complained was the neighbor girl that dated me all summer and now that it's over she's out to get me. Regardless, the cops came, no one answered the door and a ticket was issued. I'm just confused as to if I can be punished when nobody knows who was playing the music.
if nobody was home, what was all the noise? If the police observed no noise, refute the validity of the ticket on that basis as well. If they maintain the ticket, the complainant will have to testify in court as to what they were complaining about. The courts cannot find you guilty unless somebody testifies the crime took place.

Oh, I see. You figured if you would just not answer the door, you would be able to get out of it. So, there was a lot of noise then?

Well, if that is the case, I believe you will be found guilty. If nobody answered the door, the police would presume nobody was there. Since you own the house, you are liable for your house. Since "nobody was home" to accept the ticket, your liability steps in.
 

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