Penalty for Disorderly Conduct.

[The_Chao_Goes_Mu]

Let me preface by saying I am not looking for legal advice. Just info or anecdotal info.

Yesterday my cousin got arrested for Disorderly Conduct after leaving a restaurant.

Apparently she and a collegue went out for dinner and some drinks and they were blindsided by the strength of the drinks. They parted at the restaurant. She remembers walking toward her car then the next thing she knew she was in a jail cell. They released her in the middle of the night (no bail.) She called the restaurant and found out they had her car keys. She has no recollection of what happened and I surmised someone probably saw she was in no state to drive, attempted to take her keys, perhaps she got angry and the cops were called.

The charge is just Disorderly Conduct. She is to appear in court tomorrow.

My understanding according to OHIO REVISED CODE 2917.11 is that DD is just a minor misdemeanor. What is likely to happen to her at court?

Anyone have experience in this? She’s a wreck right now because this is not like her and she’s a professional so she is worried how this will affect her reputation.

She’s hoping it is just a fine and court costs and a lesson well learned.

I am very worried for her and if anyone has any reassuring words or advice I would be so grateful.

Thanks

Chao

[whole_bean]

@The Chao Goes Mu

Let me preface by saying I am not looking for legal advice. Just info or anecdotal info.

Yesterday my cousin got arrested for Disorderly Conduct after leaving a restaurant.

Apparently she and a collegue went out for dinner and some drinks and they were blindsided by the strength of the drinks. They parted at the restaurant. She remembers walking toward her car then the next thing she knew she was in a jail cell. They released her in the middle of the night (no bail.) She called the restaurant and found out they had her car keys. She has no recollection of what happened and I surmised someone probably saw she was in no state to drive, attempted to take her keys, perhaps she got angry and the cops were called.

The charge is just Disorderly Conduct. She is to appear in court tomorrow.

My understanding according to OHIO REVISED CODE 2917.11 is that DD is just a minor misdemeanor. What is likely to happen to her at court?

Anyone have experience in this? She’s a wreck right now because this is not like her and she’s a professional so she is worried how this will affect her reputation.

She’s hoping it is just a fine and court costs and a lesson well learned.

I am very worried for her and if anyone has any reassuring words or advice I would be so grateful.

Thanks

Chao

if she has no prior record they are likely to pursue some sort of diversionary program, a deferment of prosecution perhaps (i.e. she does some community service and/or pays a fine and keeps her nose clean for a certain amount of time, maybe six months, and the charges are dropped). I speak from experience. $65 and six months of clean livignm to undo an ill-advised bathroom break on an oak tree.

[The_Chao_Goes_Mu]

@whole bean

if she has no prior record they are likely to pursue some sort of diversionary program, a deferment of prosecution perhaps (i.e. she does some community service and/or pays a fine and keeps her nose clean for a certain amount of time, maybe six months, and the charges are dropped). I speak from experience. $65 and six months of clean livignm to undo an ill-advised bathroom break on an oak tree.

Something like this happened when she was 21. (she’s 30 now) At that time, it was disorderly conduct, and disturbing the peace or something. She got a couple hundred dollars worth of fine and court costs. She’s hoping they don’t throw that up at her. Considering it was 9 years ago, hopefully they won’t.

Like I said, this isn’t like her, I mean she likes to go out and have a good time, but blacking out hasn’t happened in a looong time.

[panache45]

I was once arrested for “disorderly conduct” in NYC, after (justifiably) mouthing off to a cop. I had to appear in court, and describe in detail what happened. The judge insisted that I repeat, verbatim, the profanities I had uttered. He apparently understood that my actions were justified, though of course he couldn’t really admit that the police officer was in the wrong. But he did point out that there were minors withing earshot of my profanities, so he fined me a measly $5, and there’s nothing on my record.

I’m probably not the first person to yell “You fking dchebag” in a NYC courtroom, but I may have been the first to be ***required ***to do so.

[The_Chao_Goes_Mu]

@panache45

I was once arrested for “disorderly conduct” in NYC, after (justifiably) mouthing off to a cop. I had to appear in court, and describe in detail what happened. The judge insisted that I repeat, verbatim, the profanities I had uttered. He apparently understood that my actions were justified, though of course he couldn’t really admit that the police officer was in the wrong. But he did point out that there were minors withing earshot of my profanities, so he fined me a measly $5, and there’s nothing on my record.

I’m probably not the first person to yell “You fking dchebag” in a NYC courtroom, but I may have been the first to be ***required ***to do so.

Aaah only in New York!

Geez, I hope they don’t ask my cousin to describe what happened since she can’t remember. That’s not going to look good. Really though, I can’t forsee anything major coming of it. I think the worst punishment is the shame she feels right now.
We’ll have a good larf about it someday.

[Gfactor]

Is she charged under 2917.11 or a local ordinance?

[Quercus]

@panache45

I’m probably not the first person to yell “You fking dchebag” in a NYC courtroom, but I may have been the first to be ***required ***to do so.

I hope you’re going to write this up a little more and submit it to teemings, or somewhere. That’s too good a story and last line to just leave in a soon-to-be-forgotten post.

[The_Chao_Goes_Mu]

@Gfactor

Is she charged under 2917.11 or a local ordinance?

Hmmm, come to think of it, it’s probably a local thing. Lucas County. Arrested by Toledo, Ohio police.

Haven’t found any other useful info online.

[Gfactor]

509.03. Disorderly conduct.

 (a)  No person shall recklessly cause inconvenience, annoyance, or alarm to another; by doing any of the following:

 (1) Engaging in fighting, in threatening harm to persons or property, or in violent or turbulent behavior;

 (2)  Making unreasonable noise or an offensively coarse utterance, gesture, or display; or communicating unwarranted and grossly abusive language to any person;

 (3)  Insulting, taunting, or challenging another, under circumstances in which that conduct is likely to provoke a violent response;

 (4)  Hindering or preventing the movement of persons on a public street, road, highway, or right-of-way, or to, from, within, or upon public or private property, so as to interfere with the rights of others, and by any act that serves no lawful and reasonable purpose of the offender;

 (5)  Creating a condition that is physically offensive to persons or that presents a risk of physical harm to persons or property, by any act that serves no lawful and reasonable purpose of the offender.

 (b)  No person, while voluntarily intoxicated, shall do either of the following:

 (1)  In a public place or in the presence of two or more persons, engage in conduct likely to be offensive or to cause inconvenience, annoyance, or alarm to persons of ordinary sensibilities, which conduct the offender, if the offender were not intoxicated, should know is likely to have that effect on others;

 (2)  Engage in conduct or create a condition that presents a risk of physical harm to the offender or another, or to the property of another.

 (c)  Violation of any statute or ordinance of which an element is operating a motor vehicle, locomotive, watercraft, aircraft, or other vehicle while under the influence of alcohol or any drug of abuse, is not a violation of division (B) of this section.

 (d)  If a person appears to an ordinary observer to be intoxicated, it is probable cause to believe that person is voluntarily intoxicated for purposes of division (B) of this section.

 (e)(1)  Whoever violates this section is guilty of disorderly conduct.

 (2)  Except as otherwise provided in division (E)(3) of this section, disorderly conduct is a minor misdemeanor.

 (3)  Disorderly conduct is a misdemeanor of the Fourth degree if any of the following applies:

 A.  The offender persists in disorderly conduct after reasonable warning or request to desist.

 B.  The offense is committed in the vicinity of a school or in a school safety zone.

 C.  The offense is committed in the presence of any law enforcement officer, firefighter, rescuer, medical person, emergency medical services persons, or other authorized person who is engaged in the person's duties at the scene of a fire, accident, disaster, riot, or emergency of any kind.

 (f)  As used in this section,

 (1)  "Emergency medical services person" is the singular of "emergency medical services personnel" as defined in section 2133.21 of the Revised Code.

http://www.amlegal.com/nxt/gateway.dll/Ohio/toledo/partfive-generaloffensescode/chapter509disorderlyconductandpeacedistu?f=templates$fn=altmain-nf.htm$3.0#JD_509.03
Assuming it’s a violation of the Toledo municipal code, and assuming it’s the minor misdemeanor kind and not the fourth degree misdemeanor kind, the maximum penalty is a $150 fine.

Misdemeanor of imprisonment Fine

First degree 6 months $1000.00

Second degree 90 days 750.00

Third degree 60 days 500.00

Fourth degree 30 days 250.00

Minor No imprisonment 150.00

http://www.amlegal.com/nxt/gateway.dll/Ohio/toledo/partfive-generaloffensescode/chapter501generalprovisionsandpenalty?f=templates$fn=altmain-nf.htm$3.0#JD_501.99

I am not your lawyer; you are not my client. Neither is your cousin. This is not legal advice. For legal advice, contact a licensed attorney in your area.

[The_Chao_Goes_Mu]

Thanks Gfactor that’s what I was thinking it would most likely be.

Hell even if they got her for $500 she should still consider herself lucky. Thank Og for whatever it was that happened to keep her from getting into her car. I don’t even want to think about what could’ve happened then.

I have a feeling this may alter her life in quite a huge way. And that’s a good thing.

[Gfactor]

@The Chao Goes Mu

Thanks Gfactor that’s what I was thinking it would most likely be.

Looks like a fine around $150 is the penalty for a minor misdemeanor under state law, too. Couldn’t find anything definitive, but Google pulled up multiple references to a monetary penalty and most of the references talk about $150 as the max. I don’t have time to go hunting for the statute right now. Anyway, glad I could help.

[The_Chao_Goes_Mu]

So, I think she’s relieved to know that it’s considered a minor misdeamenor.
Even when she’s down she’s still a little pistol. She called the Clerk of Courts to see if she could just come in and pay a fine then be on her merry way.
No such luck. She still has to make her appearance in court tomorrow.

Good thing her boss is an understanding man.

:smack: <-------------- My cousin, right now.

[pravnik]

In Texas, most disorderly conduct charges are “Class C” misdemeanors, putting them in the same category as seatbelt violations. They don’t result in criminal records. It appears that may be the case as well in Ohio; your cousin may want to ask the judge or a lawyer to make sure. This is not legal advice, etc. etc.

[Crafter_Man]

TCGM:

We all screw up every now and then. I’m 38, and I did something stupid last year that resulted in a misdemeanor. (My first. And hopefully only.)

There are two important things to remember:

1. It should be a positive learning experience for her. In my case, it has changed some of my habits for the better.

2. No one expects perfection in a person. Most people (including employers) are understanding, provided that it’s an isolated incident.

[Elendil_s_Heir]

This is not legal advice, I’m not her (or your) lawyer, etc.

Yes, disorderly conduct is a minor misdemeanor under Ohio law, with a max fine of $150 and no possibility of jail. A previous offense, even nine years earlier, probably won’t tip the scales one way or the other (unless she faces a particularly hard-nosed judge or magistrate).

Hope it all goes well.