Legal Question in Criminal Law in Minnesota
While drunk i was recieving a ride home when we stopped at a gas station (driver was sober) I gave a cop the finger and he turned around and came to me and asked me for ID, I said no while reaching for my wallet and was arrested for disorderly conduct. Do I have any grounds of fighting this?
2 Answers from Attorneys
I would fight it. MN law is a little different but in ND we have specific cases that deal with this exact issue, and that it does not constitute disorderly conduct. MN may have similar case law, I just can't think what exact case.
You can read the facts in the case below, but remember that this case is not MN law, it is ND law.
www.ndcourts.com/_court/opinions/900263.htm
You would have a strong basis to challenge the ticket. A disorderly conduct offense is a misdemeanor punishable by up to 90 days in jail and a $1000. To be charged, probable cause must exist for the offense.
In the case described, although your expression may have been unwise, you do have a right to such free expression. That would include your middle finger salute. It is extremely unlikely that the charges could be sustained without more.
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