• 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.

Friend given ticket because of me

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

I live in Georgia.

Last night I was at a friend's apartment with her and two other friends. We went onto the balcony for them to smoke and talked for a while. We were only out there for a few minutes when the security officer (a county cop who lives in the complex) walked over and told us to take it inside. He was incredibly rude and arrogant (like most cops). He said if we didn't go inside he would "write us up". We even said we'd keep the noise down, but he demanded we go inside. Begrudgingly, we went in.

We all left in my car about a half hour later (around 11pm at this point). I'd had a few drinks and was extremely ticked off about being reprimanded so strongly. In a momentary lapse of judgement, I intentionally peeled out of the parking spot to express my anger.

This morning at 7am, he knocked on her front door and handed her a ticket for disturbing the peace or something similar to that. She told him it was me who'd done it, but he told her since it was her apartment she's responsible. He was very nasty to her again and she ended up slamming the door in his face.

Here are the questions I have-

Can an off-duty cop legitimately write a citation?

Can my friend be held liable for my actions? I'm worried that it's going to show up on her MVR and might make her car insurance premiums increase.

Would the charge stand up in court? She intends on going to court and dealing with it rather than just paying the fine.

Any other advice or thoughts? I feel like a total jerk for being so irresponsible and childish.
 


seniorjudge

Senior Member
allfiredup said:
I live in Georgia.

Last night I was at a friend's apartment with her and two other friends. We went onto the balcony for them to smoke and talked for a while. We were only out there for a few minutes when the security officer (a county cop who lives in the complex) walked over and told us to take it inside. He was incredibly rude and arrogant (like most cops). He said if we didn't go inside he would "write us up". We even said we'd keep the noise down, but he demanded we go inside. Begrudgingly, we went in.

We all left in my car about a half hour later (around 11pm at this point). I'd had a few drinks and was extremely ticked off about being reprimanded so strongly. In a momentary lapse of judgement, I intentionally peeled out of the parking spot to express my anger.

This morning at 7am, he knocked on her front door and handed her a ticket for disturbing the peace or something similar to that. She told him it was me who'd done it, but he told her since it was her apartment she's responsible. He was very nasty to her again and she ended up slamming the door in his face.

Here are the questions I have-

Can an off-duty cop legitimately write a citation?

Can my friend be held liable for my actions? I'm worried that it's going to show up on her MVR and might make her car insurance premiums increase.

Would the charge stand up in court? She intends on going to court and dealing with it rather than just paying the fine.

Any other advice or thoughts? I feel like a total jerk for being so irresponsible and childish.

Can an off-duty cop legitimately write a citation?

Yes.



Can my friend be held liable for my actions?

No.
 

ecmst12

Senior Member
seniorjudge said:
Can my friend be held liable for my actions?

No.
Even though he was being loud at her apartment during her party? I thought residents were responsible for the actions of their guests.
 

seniorjudge

Senior Member
ecmst12 said:
Even though he was being loud at her apartment during her party? I thought residents were responsible for the actions of their guests.
I thought residents were responsible for the actions of their guests.

Why would you think something like that?
 

Two Bit

Member
It depends on what the summons is for. This sounds like an ordinance violation for maintaining a disorderly house. Which would mean that she's being charged for letting her apartment be used for activities that disturb the public peace. There's a state code for it, but I've never used it, and I can't find it right now.

What is the charge on the summons?

>Can my friend be held liable for my actions? I'm worried that it's going to show up on her MVR and might make her car insurance premiums increase.

As I said, this sounds like an ordninace violation rather than a traffic charge. There is no state record of ordinance violations. It doesn't go on a criminal or driver's history.
 

gattman

Junior Member
allfiredup said:
I live in Georgia.

Last night I was at a friend's apartment with her and two other friends. We went onto the balcony for them to smoke and talked for a while. We were only out there for a few minutes when the security officer (a county cop who lives in the complex) walked over and told us to take it inside. He was incredibly rude and arrogant (like most cops). He said if we didn't go inside he would "write us up". We even said we'd keep the noise down, but he demanded we go inside. Begrudgingly, we went in.

We all left in my car about a half hour later (around 11pm at this point). I'd had a few drinks and was extremely ticked off about being reprimanded so strongly. In a momentary lapse of judgement, I intentionally peeled out of the parking spot to express my anger.

This morning at 7am, he knocked on her front door and handed her a ticket for disturbing the peace or something similar to that. She told him it was me who'd done it, but he told her since it was her apartment she's responsible. He was very nasty to her again and she ended up slamming the door in his face.

Here are the questions I have-

Can an off-duty cop legitimately write a citation?

Can my friend be held liable for my actions? I'm worried that it's going to show up on her MVR and might make her car insurance premiums increase.

Would the charge stand up in court? She intends on going to court and dealing with it rather than just paying the fine.

Any other advice or thoughts? I feel like a total jerk for being so irresponsible and childish.
first answer: yes

second: yes, the person on the lease is responsible for action of the guest.

third: If the cop cannot physically put the peson behind the wheel of the car, it will not stand up in court. Can he say under oath that he physically saw the person he gave the ticket, driving the car? That's the question that has to be answered. You can ask him that question in court.
 

ecmst12

Senior Member
seniorjudge said:
I thought residents were responsible for the actions of their guests.

Why would you think something like that?
Well, different situation. You invite people over for a party, of ages both over and under 21. There is alcohol at the party. You tell the underage people that they can't drink, but some of them do anyway, or some of your other guests give them drinks. If the cops were to come, the person who lived there would be responsible for the underage drinking because it's their house, right?
 

seniorjudge

Senior Member
ecmst12 said:
Well, different situation. You invite people over for a party, of ages both over and under 21. There is alcohol at the party. You tell the underage people that they can't drink, but some of them do anyway, or some of your other guests give them drinks. If the cops were to come, the person who lived there would be responsible for the underage drinking because it's their house, right?
Q: If the cops were to come, the person who lived there would be responsible for the underage drinking because it's their house, right?

A: The over 21 person would be in trouble but it would be because he was in trouble for his own actions and not the actions of the underage people. The bad thing he did is make alcohol available; obviously, there would be a big fight in court as to whether that was true or not.
 

Find the Right Lawyer for Your Legal Issue!

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