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verbal threatening?!?!!

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omfg

Junior Member
New Jersey

Hi everyone!

Well here is my problem I'm not even sure where it goes.

A friend of mine (haha) was turning into a gas station, but another car who didn't see him waiting his turn pulled in front of him and took the pump.

Out of sheer disrespect, he was a bit angry, but never making eye contact, looking, or even directing anywhere he muttered loudly to himself his feelings. Like "Oh I can't believe these drivers shouldn't be aloud on the roads" Nothing vulgar, and nothing directive.

Later that night he got phone calls from the police saying he threatened some lady at the gas station that caused discomfort on her and her kids, they apparently all were crying.

Is there enough proof to allow this case to be upheld, or is this verbal assault (paradoxical) but the problem is we never directed it towards anyone!

Couldn't we tell her, we apologize she took offense but we were just talking to ourselves.

It kind of reminds me of liek you get cut off and you scream "ah what a jerk i could kill him" and he hears you and takes it seriously and you are not gonna kill him.

what's going to go on here.

Cold she and her pounting kids throw the judge in their favor or is this frivilous?

she has no evidence, other than her testimony. but no physical evidence.

can't we just deny deny deny? I mean I don't even remember what my friend said, neither does he, but i don't recall any vulgarity, or threatening. so confused!!

How can we br tried for a crime, how is this illegal, isnt this freedom of speech?

Help me please!

Thanks a lot everyone in advance!
 
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Curt581

Senior Member
omfg said:
Is this a crime?
It could be... in many states it's called "Disorderly Conduct".

Basically, any conduct or language which could be interpreted by the victim as profane, lewd, threatening, loud and/or boisterous, or any behavior which would tend to provoke a disturbance.

Your state has an equivalent law. What did the officer say he was charging you with?
 

omfg

Junior Member
Just filed a complaint to the owner of the vehicle.
(my friends father, which wouldn't that mean she's filed a complaint to the wrong person?)

My only problem with disorderly conduct is, that if we were in the car the whole time, aren't we in the private zone of our own property?

I thought disorderly conduct was a public disurbance but if the disturbance is in his own private vehicle, how can this be a public issue?
 

Curt581

Senior Member
omfg said:
Just filed a complaint to the owner of the vehicle.
(my friends father, which wouldn't that mean she's filed a complaint to the wrong person?)
No. The complaintant took down the license plate number.

Nice try, though.
My only problem with disorderly conduct is, that if we were in the car the whole time, aren't we in the private zone of our own property?
I'd like very much to see case law ruling that being inside a vehicle is considered a "Private Zone".

Such case law doesn't exist. You were in a public use area. Inside a vehicle or not.

Again, nice try.

I thought disorderly conduct was a public disurbance but if the disturbance is in his own private vehicle, how can this be a public issue?
The vehicle was in a public use area, in full view of anyone walking by. That makes any activity inside NOT private.

By your logic, you'd be able to strip naked inside your car, have sex with a hamster, and it would be perfectly legal.

NOT true.
 

outonbail

Senior Member
By your logic, you'd be able to strip naked inside your car, have sex with a hamster, and it would be perfectly legal.
In my opinion, anyone who can't even wait until they get home to have sex with their hamster, has some real issues!
 

Market

Junior Member
I can't believe people don't have anything better to do with their time if you really didn't scream directly at this person.
 

omfg

Junior Member
Curt581 said:
No. The complaintant took down the license plate number.

Nice try, though.

I'd like very much to see case law ruling that being inside a vehicle is considered a "Private Zone".

Such case law doesn't exist. You were in a public use area. Inside a vehicle or not.

Again, nice try.


The vehicle was in a public use area, in full view of anyone walking by. That makes any activity inside NOT private.

By your logic, you'd be able to strip naked inside your car, have sex with a hamster, and it would be perfectly legal.

NOT true.
(I should be more descriptive, she took the license plate from his fathers car, not his Sons, car, she filed the complaint to the wrong car and owner, because I guess she saw him talk to his son (about him using the Credit card to pay for gas) and it was the only license plate she could see.)
Thank you

Thank you

Thank you

But isnt your home a place of privacy, thus records the same for a vehicle hence why a Cop must ask permission to search a vehicle, much like a home, I guess because a house is on private property.

But yeah we didnt scream directly at this person and now I recall what happened,

my friend and I concluded all he said was this "Some people in this town think THEY OWN THE ROAD!!" In that fashion capitols meaning they got a little louder, then we calmed down and started talking about the ferrarris in the garage, the gas station had liek 5 ferarris outside, and a really nice on in the shop itself. (wtf right)

His father came over to say he'll pay for the gas with his credit card, because my brother was ina vehicle under his dad's business.

Then the lady was done, paid and sped off.

We had to wait in the other line, got gas, and went on with our day.

She sounds like cooke saying she was threatened by any of those words, those words were never directed at anyone and are quite general, no eye contact, no physicaly contact, I don't even know what the lady looks like. We never laid eyes on her.

Don't people have better things to do?!

Argh... People.

I mean if she felt threatened for anything maybe it's because she did something wrong. Like cut in front of someone, and was like "****, that was a jerk move by me I hope he's not pissed" (Hears us yelling in the car) "OMFG THEY"RE PISSED, I'M DEAD!" - Someone is overreacting a bit, that's the only way I can see this happening, she assumed too much.
 
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Curt581

Senior Member
omfg said:
But isnt your home a place of privacy, thus records the same for a vehicle hence why a Cop must ask permission to search a vehicle, much like a home, I guess because a house is on private property.
The examples you give are true to an extent, but don't apply to conduct clearly visible to the public. You do have an expectation of privacy in your home as far as police searches are concerned, but there are exceptions.

But if you stand naked right in front of your 6X6 picture window and have sex with your hamster, and the neighbors can see you, you'll still get arrested. Same principle.

Sitting in a vehicle traveling or sitting in a public use area, your expectation of privacy is even lower.
 

omfg

Junior Member
yeah, im trying to bul**** out, but I hear where you are coming from I hope this all blows over, thanks for the advice :D
 

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