Legal Question in Civil Rights Law in Wisconsin

obstructing ticket

can you get an obstructing ticket dropped if you have prove the officer was physical with you

Asked on 3/28/09, 4:09 pm

1 Answer from Attorneys

Jonathan Safran Samster, Konkel & Safran, S.C.

Re: obstructing ticket

The City of Milwaukee Municipal Code provides as follows: 105-138. Resisting or Obstructing Officer.

1. DEFINITIONS. In this section:

a. "Obstructs" includes without

limitation knowingly giving false information to an

officer or knowingly placing physical evidence with

the intent to mislead an officer in the performance

of the officer's duty, including the service of any

summons or civil process.

b. "Officer" means a peace officer or

other public officer or public employe having the

authority by virtue of the officer's position or

employment to take another into custody.

2. PROHIBITION. No person shall

knowingly resist or obstruct an officer while the

officer is doing any act in an official capacity and with lawful authority.

You may need to consult with a criminal defense attorney regarding representation of you in trying to get your ticket dismisse, however, the answer to your question is that proving one does not necessarily disprove the other. The facts that led to your obtaining the Obstructing ticket would be important to know. Whether the officer used force or was "physcial with you" may not have much to do with the ticket that you recieved.

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Answered on 3/30/09, 2:16 pm

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