Texas is where this happened.
This is a city court misdeamenor and the law I am charged with is that I did "Intentionally or knowingly make an offensive gesture or display in a public place, to wit: by thrusting his middle finger into the air in a private driveway in Raxxxxxx Trailor Park, xxxx xxxxxx, Texas, in violation of Section 42.01 (a) (2) of the Texas Penal Code.
First it says the law states 'in a Public place' and the complaint says I was 'in a private driveway' -- Is that grounds for dismissal.
Second the Supreme Court has ruled that flipping the bird to a police officer is a protected freedom of speech and the officer can be sued in federal court for arresting the person for disorderly conduct for the act and the officer cannot use "Qualified Immunity." To wit: Nichols v. Chacon, 110F.Supp.2d 1099 (W.D.Ark. 2000)Websye:~~~~~ http://home.xnet.com/~lelp/lelr/janfeb01.htm#article7~~~~~Would this be grounds for dismissal?
ThirdlyAlso the 3rd Court of Appeals at Austin has ruled that the Section 42.01 (a)(2)of the Texas Penal Code is unconstitutional as applied to prosecuting someone for disorderly conduct for only 'Flipping the Finger' at someone because the gesture is a protected freedom of speech. IS this grounds for dismissal?
I do not remember the incident but I do remember that I once went there and turned into a driveway to turn around. I do not remember 'Flipping the bird' to this lady. I may have waved as I left and she thought I used that gesture. But I do not know why I would have 'Flipped her off.' I also never was notified that I had been charged with this offense. If I had known about it I would have taken care of it then. As it is I got stopped for making a rolling stop at a stop sign at 2:30 in the morning and was arrested for an outstanding warrant in this matter. So I have already spent a night in jail. I had to pay $100 to get my truck back from being towed. I am on a bail 0f $200 and I Paid $50 for a warrant fee that I do not think I can recover. So I want to get off can someone help me? Thanks for any help you can offer about what to do in this matter.
This happened in July 23, 2003 and the charge was signed Aug. 23, 2003. So that lady may not even show up in court. Also can anyone tell me what papers from the police and court i can see before the court date. Can I sue this lady if I am found not guilty in Federal court or small claims for this wrong against me? I never got out of my truck and comnfronted anyone -- I was just turning around.
Thanks for any help. The court is set for April 6, 2005. Thanks Again.
This is a city court misdeamenor and the law I am charged with is that I did "Intentionally or knowingly make an offensive gesture or display in a public place, to wit: by thrusting his middle finger into the air in a private driveway in Raxxxxxx Trailor Park, xxxx xxxxxx, Texas, in violation of Section 42.01 (a) (2) of the Texas Penal Code.
First it says the law states 'in a Public place' and the complaint says I was 'in a private driveway' -- Is that grounds for dismissal.
Second the Supreme Court has ruled that flipping the bird to a police officer is a protected freedom of speech and the officer can be sued in federal court for arresting the person for disorderly conduct for the act and the officer cannot use "Qualified Immunity." To wit: Nichols v. Chacon, 110F.Supp.2d 1099 (W.D.Ark. 2000)Websye:~~~~~ http://home.xnet.com/~lelp/lelr/janfeb01.htm#article7~~~~~Would this be grounds for dismissal?
ThirdlyAlso the 3rd Court of Appeals at Austin has ruled that the Section 42.01 (a)(2)of the Texas Penal Code is unconstitutional as applied to prosecuting someone for disorderly conduct for only 'Flipping the Finger' at someone because the gesture is a protected freedom of speech. IS this grounds for dismissal?
I do not remember the incident but I do remember that I once went there and turned into a driveway to turn around. I do not remember 'Flipping the bird' to this lady. I may have waved as I left and she thought I used that gesture. But I do not know why I would have 'Flipped her off.' I also never was notified that I had been charged with this offense. If I had known about it I would have taken care of it then. As it is I got stopped for making a rolling stop at a stop sign at 2:30 in the morning and was arrested for an outstanding warrant in this matter. So I have already spent a night in jail. I had to pay $100 to get my truck back from being towed. I am on a bail 0f $200 and I Paid $50 for a warrant fee that I do not think I can recover. So I want to get off can someone help me? Thanks for any help you can offer about what to do in this matter.
This happened in July 23, 2003 and the charge was signed Aug. 23, 2003. So that lady may not even show up in court. Also can anyone tell me what papers from the police and court i can see before the court date. Can I sue this lady if I am found not guilty in Federal court or small claims for this wrong against me? I never got out of my truck and comnfronted anyone -- I was just turning around.
Thanks for any help. The court is set for April 6, 2005. Thanks Again.