Legal Question in Criminal Law in Washington
off duty officer abuses power against 16 year old girl
My age 16 daughter is driving with girlfriend as passenger. They are stopped at red light. Man approaches driver door and pounds with fists, flashes badge, yells at her to open her f****** window. He doesn't identify himself verbally and keeps pounding and cursing until she cracks open her door. (her window wasn't working) He thrusts his upper body in and yells at her that she should pull her f****** head out of her f****** ass, that she almost hit him. He doesn't ask for her name, license etc. She gets his license # and reports him. She gets neg. driving 2 deg. citation in mail. What are her rights and can we sue this s.o.b. He admits he did this to her. She has no idea why he would have accused her of neg. driving.
2 Answers from Attorneys
Re: off duty officer abuses power against 16 year old girl
Your question is unclear. What does he admit he did? What was said and done, or the citation?
Have your daughter and friend each write down exactly what transpired from start to finish, with exact quotes.
Complain to the Police Department and the City Council.
Make sure your daughter wasn't negligently driving. (Get discovery in the criminal case, which includes the officer report. Then she will know what he's talking about.)
Get a lawyer and a jury trial and let the jury hear what he said and did.
Put up a (truthful) website about the incident and tell the local newspaper, the high school newspaper and other students about it. Be sure to let the Police Department and the City Council know the website.
You probably won't be able to sue him, but you can sure give him some good advertising.
Re: off duty officer abuses power against 16 year old girl
Your daughter could not have received a citation in the mail based on the version you have reported unless the vehicle she was driving is registered in her name. The registration would be the only way the off-duty officer would have her name (you wrote that she was not asked her name).
A previous response said she should request a jury trial. Unless your daughter had been drinking alcohol, she has been charged with an infraction (Negligent Driving 2nd Degree) and not a crime. She can contest the infraction, but is not entitled to a jury trial.
Typically, the prosecuting authority for infractions would rather dismiss such a case rather than endure the embarassment and bad press stemming from the officer's behavior. Contact the court and obtain a copy of the affidavit/report filed in connection with the citation.
Hire a lawyer for further advice on a civil claim. In the meantime, check the box for requesting a contested hearing on the back of the ticktet and send it in within 15 days of the violation date.
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