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Unread 08-14-2010, 01:54 AM   #8
Shadow
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Quote:
Originally Posted by 85vette View Post
Sounds to me like friend # 2 did more than offer advice. I've had some folks that just wouldn't stay out of my investigation that got a free ride in my patrol car. And most of the time alcohol was involved. It's a pretty broad law though, they don't have to be physically interfering to meet the criteria.

843.02 Resisting officer without violence to his or her person.--Whoever shall resist, obstruct, or oppose any officer as defined in s. 943.10(1), (2), (3), (6), (7), (8), or (9); member of the Parole Commission or any administrative aide or supervisor employed by the commission; county probation officer; parole and probation supervisor; personnel or representative of the Department of Law Enforcement; or other person legally authorized to execute process in the execution of legal process or in the lawful execution of any legal duty, without offering or doing violence to the person of the officer, shall be guilty of a misdemeanor of the first degree, punishable as provided in s. 775.082 or s. 775.083.

I'm guessing some other words were said that led to the arrest. We can only speculate.
I've used this statute several times over a LE career and even a few time recently in my process service duties
My response was based strictly on the information the OP provided.
My guess is you're probably correct.
Simply stating "don't blow" or "don't take the test" one time, would never be enough to support this charge in court. While you can't obstruct (which as 85 says, means you can't keep butting in!), you can't be denied "reasonable" freedom of speech either.

There are so many "if's" and "buts" in this that there's no way to know what's what without having been there at the moment it occured.

Thus the reference to "Idiot#1 and Idiot #1"

Quote:
Originally Posted by jcb_njb View Post
Does DWDOC = DWHUA? (Driving With Head Up Ass)
Totally different "charges"
DWHUA is much more agregious

Quote:
Originally Posted by ClockworkC5 View Post
thanks for everyones input. i knew this was the right place to ask
Glad we could help. Lot of good folks here with a lot of background. 85Vette is a wealth of knowledge on various LE subjects as are a few others here

Tell your frined to "lawyer up" or "suck it up", one or the other.
Either way, it's gonna be a hell of an expensive ride
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