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Disorderly conduct charge in vehicle incident

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AJP

Junior Member
What is the name of your state? New York

A couple weeks ago one of my friends and I brought a skating rail that we made to a public parking garage in our town. We had been skating on it for about a half hour when a man came around the corner and hit the rail with his car, resulting in a scratch on the bumper (see images below). The man called the police, who came and took my friend and I to the police station, and charged us both with disorderly conduct (New york penal section 240.20, subdivision 7). They claimed that this charge was simply to make sure that we paid the man for the damage to his car, and that he could drop the charges after he received his money. Since this time, the man has been calling both my friend and I with updates. He told us that we owed him a combine $700 in damages. $550 for the car and $150 for the rental which he will need for three days while this is in the shop. He claims he has copies of the estimate he got from the dealership, which I haven't seen because we've only discussed this over the phone.

This is where I stand, not sure where to go from here. Our court date is January 10th. He said he would drop the charges if we payed him before then, but have no way to assure that. We asked him to get a second estimate, and he refuses to cooperate because his first is from a "reputable dealer". I also don't believe we should have to pay for the rental car, since his current car is clearly in a drivable state. I don't think I should pay anything before he gets the work done, since he could easily just take the money and not get the repairs. The rail was positioned in a place where his car had ample room to go around it on either side, had he seen it in time. I can prove because I have the incident on video, something I haven't mentioned to him or shown anyone else. Would I be able to use this in court? I'm not sure if it wold help or hurt my case more. I'm also not getting a lawyer, because that would most likely cost more than the damages. He has an attorney, and claims that if we lose in court we would have to pay his legal fees as well. I don't really know how any of this works, so I would love some help ASAP so I can make my decision and get this over with.

Thanks for any help!


Pictures of the damage:
http://img245.imageshack.us/img245/9650/gedc1157lu2.jpg
http://img217.imageshack.us/img217/9748/gedc1158tr7.jpg
 


ecmst12

Senior Member
Ask to see the estimate. Look at the number of labor hours. 5 labor hours = 1 day. If the car will be in the shop for 3 days, you owe for 3 days of rental - but only if he actually rents a car for that time. Tell him to send you the rental bill after he takes the rental car back, and you will reimburse him for REASONABLE rental costs - meaning if he rents the most expensive car they have, you aren't responsible for the whole bill.
 

Hot Topic

Senior Member
I'd like to hear more about the disorderly conduct charge, especially since it's in the post title. I don't believe that the police would take you and your friend to the police station and charge you with disorderly conduct just to insure that you paid the man for the damage to his car. It's the court's job to determine who's responsible for the incident, and it has already been established that the police were called to the scene. They were not there to witness the incident and place the blame on you.
 

AJP

Junior Member
I think the disorderly conduct charge was also partially put in place because we "weren't supposed to be" skating there. The first thing the cop said when he got out of the car was, "do you kids need to be ****ing arrested before you learn your lesson?" The charge might be to make sure we don't keep coming back.
 
the state is acting as a collection agency?

Does anyone else find it odd the state would be involved in a debt collection, on a civil matter?
In response to the rental car, he would not be able to drive his car while its being repaired, so if he rented a car, it would be reasonable for you to pay the bill. Something is not adding up here. Is part of the story being left out? Some important details. The police can't say, well you committed a crime, if you had not, only to make sure you paid a debt. Now you say you have this on tape! The accident or the entire incident on tape. Either way, it could be very important. I would advice meeting with a competant attorney.
 

Zigner

Senior Member, Non-Attorney
Does anyone else find it odd the state would be involved in a debt collection, on a civil matter?
OP already cleared that up. He was charged because he was breaking the law (and, apparently, it's not the first time).
 
Fair enough, he was charged for a crime they did in fact commit. So, by being disorderly, they caused an accident. The damages from the accident would be a civil matter? I could understand if they had assalted him, causing medical bills, and actually directly committing a crime against him. This was however an accident, involving property. My question is, is it reasonable for the police to act as the debt police in a civil matter? The police are using criminal law to enforce a civil matter. You will pay the property damage, or you will face criminal charges. My guess is that this probably is a very common practice in US law, I just am not comfortable with it..
 

xylene

Senior Member
I would strongly suggest that the charges will remain, civil matter paid or not.

This is called the adversarial system.

Don't take legal advice from the police man arresting you.
 
exactly

the charges should remain, if justified. Otherwise are legal system would be a system of bribes. That was the answer I was looking for thank you
 

ecmst12

Senior Member
I HIGHLY doubt the charges will be dropped if/after OP pays for the damages. More likely, the charges were filed as a deterrent to future infractions, and OP will end up with a nice fine to pay the county on top of whatever damages he caused to the car.
 

You Are Guilty

Senior Member
If the charge is actually "disorderly conduct" (240.20), then it's a BS violation, akin to a parking ticket or drinking in public. Even when the person is 100% provably guilty, first-time offenders are very frequently awarded an 6/12 month ACD if they show up with a lawyer/care a good negotiator themselves. My guesstimate is that paying restitution will not result in the charge being "dropped", but rather will result in a more favorable disposition (i.e. 30 day ACD with a payment, 12 month ACD without).

Or one can just plead guilty to the charge and pay the ~$100 fine and let the driver sue and take your chances that way.

(I would probably not recommend taking one's chances in court - even if OP were to prevail, the costs of that route are likely to be higher than the restitution route, and I don't think the OP would win).
 

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