Alcohol & Drugs: DUI, DWI is swearing in front of cop a crime?

[hollychiro]

I was called by the police to come pick up husband's car because he was just pulled over for dui. My reply was you gotta be "f***ing kidding me". The cop responded to "if you act crazy when you get here I'll arrest you too. When I got there I was very upset and asked to speak to my husband they refused, I asked why and said "this is f***ing crazy". I asked the other officer if I could speak to my husband and he refused too. Soon after that I was taken by the hand and walked to the back of the vehicle handcuffed and arrested. The last thing I said was "it's not a crime to swear" The cops response was "I didn't like the crazy look in your eye". Unbeknownsed to me I wasn't allowed to speak to him for legal reasons. I was charged with disorderly and obstruction. Isn't is freedom of speech if you use a cuss word? Or is it a crime? I didn't use it in a threatening or violent manner. Just as a figure of speech. Also, where does the obstruction come in? I didn't go to the scene knowingly and willfully hinder the officers from doing there job. I just wanted to talk to my husband. How shoud I plea to these charges and what is the worst case scenerio if I do plead guilty?

 

[CdwJava]

First, take note that the police could have just towed the car. They did not have to let you come and pick it up. They did YOU a big favor by doing so.

I asked the other officer if I could speak to my husband and he refused too.

He does not have to let you talk to him.

Soon after that I was taken by the hand and walked to the back of the vehicle handcuffed and arrested. The last thing I said was "it's not a crime to swear" The cops response was "I didn't like the crazy look in your eye".

I seriously doubt it said, "Crazy Look" on the booking sheet or the probable cause declaration.

Unbeknownsed to me I wasn't allowed to speak to him for legal reasons. I was charged with disorderly and obstruction. Isn't is freedom of speech if you use a cuss word? Or is it a crime?

If your actions prevent or obstruct the officer from performing his duties, then you can be arrested. However, to know what is specifically necessary to show guilt we would need to know the state and the code section.

How shoud I plea to these charges and what is the worst case scenerio if I do plead guilty?

You should speak to an attorney prior to making a plea.

As for the "worst case" scenario, we would need to to know your state and the code section you have been charged with in order to venture a guess. But, I suspect a worst case scenario could be a year in county jail. The likely end result would likely be probation and a fine ... but, state laws and local jurisdictional practices will differ.

- Carl

 

[raskalnikov]

Did you have a crazy look in your eye? Are you one of those crazy eye people?

I don't think it's illegal to swear in front of the police, but it's probably not a very endearing gesture on your part. . . that's why it pays to be polite. Say sir, thank you, please. . .act civil.

 

[user1220]

Could have been worse. What's swearing going to get you? You could always get handed a citation... Being polite is your best bet.