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Disorderly Conduct in Colorado: Man Charged After Failing Driving Test

Posted by Terry O'Malley | Nov 25, 2015 | 0 Comments

Usually, when someone doesn't pass their written driving test for their driver's license, they study harder for the next time they can take it. For one man, however, failing his written driving test resulted in criminal charges. He failed the driving test the first time he took it, but was given another chance. The second time he took the driving test he used his cell phone, so he wasn't able to pass. After failing the driving test the second time, he became irate. He threw his test and pencil at an employee, hitting her in the chest, jumped over the counter after that employee, and yelled threats and obscenities. Two police officers were also injured after the man got into a fight with them during his arraignment. In Denver and Adams County, this man would be charged with Disorderly Conduct and Second Degree Assault on a Peace Officer.

Facing charges of Disorderly Conduct?

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Failed a Driving Test? Result: Douglas County Disorderly Conduct Charges

In Douglas and Jefferson County, Disorderly Conduct, C.R.S. 18-9-106, is charged when someone intentionally, knowingly, or recklessly:

  1. Makes a coarse and obviously offensive utterance, gesture, or display in a public place and the utterance, gesture, or display tends to incite an immediate breach of the peace; or
  2. Makes unreasonable noise in a public place or near a private residence that he has no right to occupy; or
  3. Fights with another in a public place except in an amateur or professional contest of athletic skill; or
  4. Not being a peace officer, discharges a firearm in a public place except when engaged in lawful target practice or hunting; or
  5. Not being a peace officer, displays a deadly weapon, displays any article used or fashioned in a manner to cause a person to reasonably believe that the article is a deadly weapon, or represents verbally or otherwise that he or she is armed with a deadly weapon in a public place in a manner calculated to alarm.

Since the man in the news story was yelling threats and obscenities (making offensive utterances) in a public place, he would be charged with Disorderly Conduct. However, a Douglas District Attorney would have to prove the obscenities and threats breached the peace, for him to be convicted of this charge. They would also have to prove his yelling qualified as unreasonable noise. Getting into a fight with police officers during his arraignment would also qualify as Disorderly Conduct. Disorderly Conduct can range from a class 1 petty offense to a class 2 or class 3 misdemeanor in Colorado. Disorderly Conduct is a class 1 petty offense:

If someone makes an offensive utterance, gesture, or display in public that breaches the peace

If someone makes unreasonable noise in a public place or near a private residence that someone doesn't have a right to occupy

  1. If someone makes an offensive utterance, gesture, or display in public that breaches the peace
  2. If someone makes unreasonable noise in a public place or near a private residence that someone doesn't have a right to occupy

Like the man in this news story, there are many other cases where people become upset and lose their temper in a public place, which can lead to an arrest and criminal charges. In my opinion, losing your temper doesn't mean you're a criminal. If you've been charged with Disorderly Conduct in Denver or Castle Rock, a skilled Denver Disorderly Conduct criminal defense attorney is the only one who can develop a strong defense for you in court.

Assault in the Second Degree on a Peace Officer in Arapahoe County

Any time a person in Arapahoe or Denver County prevents a peace officer from performing a lawful duty by causing bodily injury, he / she commits Assault in the Second Degree on a Peace Officer, C.R.S. 18-3-203(c), (c.5), (f), (h). The man in the news story could be charged with 2nd Degree Assault on a Police Officer because two police officers were injured. Since police officers have a reputation of serving and protecting society, the Judicial System takes Second Degree Assault on a Peace Officer seriously. If a peace officer claims to experience any pain as a result of 2nd Degree Assault, it's enough for you to be charged with this crime. That's why a criminal defense attorney is so vital. You need an advocate on your side to protect your future from harm.

Why You Need a Denver Assault or Disorderly Conduct Criminal Defense Attorney

Second Degree Assault and Disorderly Conduct charges can be frustrating and overwhelming. These harsh criminal charges require an experienced criminal defense attorney. A skilled Denver Disorderly Conduct criminal defense attorney or Second Degree Assault attorney will analyze your case and make sure you haven't been overcharged. Our defense lawyers fight hard to uncover the truth, which means investigating all evidence to make sure it supports the charges you're facing.

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If you or a loved one has been arrested or charged with Assault or Disorderly Conduct in Denver, Littleton, or Aurora, be smart, exercise your right to remain silent, and contact the best Assault and Disorderly Conduct criminal defense attorneys at the O'Malley Law Office for a free consultation at 303-830-0880. Together, we can protect your future.Request a Free Consultation

Image Credit: FreeDigitalPhotos.net – photostock

About the Author

Terry O'Malley

Get Help Now! Request a Free Consultation Meet Criminal Defense Attorney Terry O'Malley If you have been charged with a crime, you are probably dealing with strong emotions about your upcoming court appearance. You are struggling with knowing how to choose a trustworthy lawyer to represent you...

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Get Help Now

If you or a loved one is facing criminal charges in the Denver area, be smart, exercise your right to remain silent, and contact the best criminal defense lawyers at O’Malley and Sawyer, LLC at 303-830-0880. Together, we can protect your future. Request a Free Consultation

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