• FreeAdvice has a new Terms of Service and Privacy Policy, effective May 25, 2018.
    By continuing to use this site, you are consenting to our Terms of Service and use of cookies.

Wrongfully arrested for obstructing a public officer

Accident - Bankruptcy - Criminal Law / DUI - Business - Consumer - Employment - Family - Immigration - Real Estate - Tax - Traffic - Wills   Please click a topic or scroll down for more.

fabregas

Junior Member
What is the name of your state?What is the name of your state? Texas

I was sitting in the front seat of my friends car while he was driving on a rainy day. He suddenly lost control of the car and slammed into the rear end of a dodge ram truck. We got out of the car and with the help of the person that my friend hit his car, pushed it into the nearby parking lot of a gas station. An officer responded to the scene and made a report, asked for Identification etc. All is well. A tow truck also came to the scene and wanted to tow my friends car. My friend asked him how much would it cost to tow the car to his house, less than 2 miles away, the truck driver said $80 dollars. My friend then refused his tow trucking service, and called his friend who had a tow truck, and would do it for free. The tow truck driver insisted on towing the truck, not to my friends house, but to another location and was trying to give my friend his business care, which my friend rejected. I now offered to pay the $80, so that my friend could have his car taken to his house, and the tow truck driver refused, insisting on towing the car to another location. At this point the driver attempted to operate his truck and my friend prevented him. I now went to the officer who was about to leave the scene, and told him that the tow truck driver refuses to accept the money, and insists on towing the car to his location. The officer then climbs out of his viecle towards my friend who is exchanging words with the tow truck driver. At this point I am standing about two feet to the officers side. Suddenly the officer turns to me and with both his hands violently pushes me in the chest, and yells "step back" at me. I am shocked at his actions. He now directs his attention towards my friend, while I am watching from a safe distance. He tells my friend to step a way from the tow truck, my friend who was angry refused and told the officer that he will not allow his car to be towed away. The officer then grabs my friend, turn him around and pushes him toward the his patrol car. He pushes my friend down on the hood, cuffs him and places him in the back of the patrol car. To my suprise, he then turns to me and says, "you are going too". I asked him what for and he said I encouraged my friend. I allow him to hancuff me and off we go. He didnt read us our rights. To cut the story short, we are now both being charged with obstructing a public officer. Does this constitute that offence. While, I only speak for myself, at no point did I disobey, insult, hinder,confront,obstruct the officer or the tow truck driver. I noticed that we are being charged together, should I request a seperate trial from my friend? The car was his not mine. I dont know why I am even invilved. What are the penalties if found guilty of this charge. Thanks
 


CdwJava

Senior Member
What is the specific code section/statute (number) that you are accused of violating?

Also, keep in mind that at least in most other states, a disabled vehicle will be towed regardless of the wishes of the driver (depending on the circumstances). It sounds like the driver may have been offering your friend a deal to tow it where he wanted but rescinded said deal when your friend got an attititude. And obstructing the driver was really dumb. He should have gone to the officer immediately.

As for what happened with you, I can only assume that while the officer was trying to figure the problem out you were constantly chipping or talking to one or both of the other parties and the officer did not feel you were safe where you were near him.

Your best bet is to secure local counsel.

- Carl
 

Find the Right Lawyer for Your Legal Issue!

Fast, Free, and Confidential
data-ad-format="auto">
Top