Legal Question in Traffic Law in Ohio

On July 2, 2010 I was involved in an incident that involved an officer of the Cleveland Police Department. I was harassed, disrespected, and issued an incomprehensible citation. I am contacting you with hopes that you would be able to better direct me for proper assistance in resolving this matter.

On the aforementioned date, I was walking with friends while observing a young man being pulled over. He had just backed out of a drive way and we couldn�t understand why he was being ticketed. The young man received his ticket and proceeded in traffic. The police officer completed his paperwork and started to drive away. While discussing the situation, I turned to my friends and stated �that was messed up; Damn we should have gotten his badge number�. As soon as I said that, the police officer turned around with lights flashing and his siren on. He jumped out the car, came straight to me with a light in my face, a red dot on my chest, and his gun drawn / aimed at me yelling �you are about to get a ticket for disorderly conduct�! I asked for an explanation and his reply was �for cussing�. My reply was �Sir, damn is not even considered a cuss word�. I proceeded to ask for his name and badge number. He was very rude and said �I�m here to be your friend, you�ll find out on your ticket�. I consented to what he demanded, respecting his authority. In the ticket the officer stated I cursed in loud tone disturbing neighborhood while being intoxicated which was erroneous.

The Citation was not rendered fairly. I did not use profanity toward the police officer. Witnesses would testify that I NEVER disrespected anyone involved. In my attempt to file a complaint, the person who answered the call could not understand what the citation was for nor was she able to recommend a feasible way to get the attention of theOfficer superiors.


Asked on 7/13/10, 7:20 am

1 Answer from Attorneys

Neil Rubin Neil S. Rubin, Attorney at Law, LLC

I think I know what you are really asking. That is, how do you make a complaint against the cop for violating your civil rights? You need to hire an attorney pure and simple to defend against the disorderly conduct citation. Otherwise, the violation of your civil rights cannot be brought up because you will be found guilty. So . . . first things first. Get a lawyer asap if you want to pursue this case.

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Answered on 7/13/10, 5:01 pm


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