Legal Question in Criminal Law in California

Obstructing a public officer

My son (age 24) was in an auto accident 2 blocks from our home, my son walked home from the accident and told me what happened, I told him to call the towing service, and I got in my vehicle and went to see the truck. When I arrived at the scene there was a firetruck and a CHP car, I pulled over and began speaking to the CHP officer, I told him the truck belonged to my son, gave my sons name, birthdate, address, etc. I answered all questions, at this point another police officer came to speak to me (I was in my vehicle the entire time) this officer very aggressively (loud, forceful, intimidating tone of voice) asked me for my drivers license, I gave it to him, and he told me to drive home and get my son and bring him back, I asked him for my drivers license back first, and for his name, which he refused to tell me, and he began yelling at me that he should arrest me etc. I asked him to please give me my license back, he then threw it at me, ran and got on his motorcycle and drove to my home where he spoke to my son. I received a notice 9 days later that I was being charged with resisting, delaying or obstructing a public officer, I have went to my court date and pleaded not guilty, and asked for a jury trial. What do I do now?


Asked on 1/24/06, 1:17 pm

5 Answers from Attorneys
H.M. Torrey The Law Offices of H.M. Torrey

Re: Obstructing a public officer

If you do not currently have legal counsel, you may want to do so immediately and challenge the validity of the complaint period. For a free phone consultation, contact us directly today.

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Answered on 1/24/06, 2:22 pm
Michael Stone Law Offices of Michael B. Stone Toll Free 1-855-USE-MIKE

Re: Obstructing a public officer

Stick to your guns. How were you supposed to drive home without your license without breaking the law? Your lawyer or public defender should have a copy of the police report, you should read it. I hope nobody talks you into pleading guilty.

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Answered on 1/24/06, 2:22 pm
Elena Condes LAW OFFFICE OF ELENA CONDES

Re: Obstructing a public officer

I always think it's a good idea to have an attorney when you have criminal charges against you. There is much to be done from here until your trial.

Good luck,

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Answered on 1/24/06, 3:32 pm
Edward Hoffman Law Offices of Edward A. Hoffman

Re: Obstructing a public officer

You should get a lawyer.

Based on what you have said I don't believe you are guilty, since failing to actively help an officer is not the same thing as resisting, delaying or obstructing him. Besides, driving home without your license would have been illegal; I don't see how not obeying an instruction to break the law can be a crime.

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Answered on 1/24/06, 3:39 pm
Philip Iadevaia Law Offices of Philip A. Iadevaia

Re: Obstructing a public officer

What you do now is hire a lawyer. While the city may simply dismiss the charges against you (because they're so ridiculous), you should still have qualified representation to fight the charges. Do not plead guilty! And Good luck

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Answered on 1/24/06, 3:50 pm


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