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Disorderly Conduct...

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UnfairPractice

Junior Member
What is the name of your state (only U.S. law)? Pennsylvania


On 1/1/11 at around 2:00 AM I was walking out of a local social club with my significant other and witnessed an altercation. I was not intoxicated at this point, nor was my counterpart, but we did have about three drinks a piece throughout the night. So, I see a few people I know in this fight and one of them getting kicked in the face repeatedly. At this point I had run over and tried breaking up the fight (pulling people apart and such) while my significant other stood in the middle yelling "girl in the middle please stop" We were only there for a minute or two when the cops had pulled up and told everyone to sit down and shut up. Short story, they sent us all on our way saying everyone was getting a disorderly conduct. I tried explaining to the officer that I was just trying to stop the melee and he claimed to see me "throwing punches".

My girlfriend and I recieved our citations today in the mail yesterday, and the officer wrote on mine that I "did fight and throw punches at individuals while involved in large melee, officer observation" and on hers "did stand by and yell and scream at individuals perpetuating the fight. Refused to desist or dispuse upon police command" - As well it said on both of ours INTOXICATION in capitals, when niether of us were intoxicated by the actually meaning of intoxication.

So the first question I have, are either of these worth fighting? I did not throw punches and the police officer is saying that he observed me do so, and there were so many people in this fight I don't know how he knew who was hitting who.

Next is, as far as my significant other goes, when the police commanded everyone to "sit down and shut up" we both complied while trying to tell everyone else to calm down that they were just here to do their jobs. And on her citation it is claiming that she refused to leave? I'm not quite sure what to do with that at all.

And finally, the claim of intoxication. With no breathalizer or field sobriety test, is this a claim that can be fought in our defense?

Thank you in advance for any help on this matter.
 



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