I went out with some people from my soccer team for the first time tonight. I didn't realize how crazy these people were and one of them threw a full Gatorade bottle out my car window at another car on a single lane road for "fun". The car was going about 40 MPH. The noise was LOUD;And the car immediately pulled over. The car directly behind me did a U turn and pulled up next to that car.... I'm sure to give my license plate number. I'm a straight a student applying to college and have never been in trouble (especially with the law!) and I'm freaking out that the damage was severe and the owner of the car will press charges. I'm aware this is very serious as the driver could have crashed because of it, and I'm Sure it's a serious crime. Can I be charged for driving/owning the vehicle? Thanks!
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Other Criminal Charges & Offenses Can I be charged?
- Thread Starter Helpp32
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CdwJava
Moderator
Yes, it is possible the police will come calling. If they do, you will have to decide if you want to stay quiet and risk being prosecuted or sued for the damage (if any), or, cooperate and name the offender.
mightymoose
Moderator
If you are that worried about it you can get in front of it by going to the police and telling them what happened.
army judge
Super Moderator
The statute under which the alleged miscreant that actually THREW the bottle at the passing car could be charged reads, as follows:
790.19 Shooting into or throwing deadly missiles into dwellings, public or private buildings, occupied or not occupied; vessels, aircraft, buses, railroad cars, streetcars, or other vehicles.—Whoever, wantonly or maliciously, shoots at, within, or into, or throws any missile or hurls or projects a stone or other hard substance which would produce death or great bodily harm, at, within, or in any public or private building, occupied or unoccupied, or public or private bus or any train, locomotive, railway car, caboose, cable railway car, street railway car, monorail car, or vehicle of any kind which is being used or occupied by any person, or any boat, vessel, ship, or barge lying in or plying the waters of this state, or aircraft flying through the airspace of this state shall be guilty of a felony of the second degree.
Be advised, that statute is a serious 2nd degree FELONY in Florida.
FELONY as in prison time, if you are convicted of the crime.
Furthermore, I've seen people charged under conspiracy statues for lesser things.
Conspiracy charges are often felonies, too.
Conviction under a conspiracy charge could portend prison for some, or all of you.
So, if you are approached by the police you can do one of two things:
1 = You can say that as you were driving, Bad, Bad, Billy Brown threw the bottle of Gatorade out of your car window;
2 = You can say you don't know anything about any missiles being thrown from YOUR car windows at any other car, but you were driving on Fastball Lane at 10:00PM on the date in question. The passengers in your car were: Linda Liquid, Bobby Bourbon, Sammy Scotch, and Willie Whiskey.
As I read the statute, you are guilty of NOTHING related to VIOLATING the statute.
That doesn't mean that you can't or won't be charged with a related statute, or an entirely separate statute.
If the police approach you, you can simply refuse to admit to anything, comment on anything, and stand protected under your fifth amendment privilege NOT to incriminate yourself, or the Miranda Warning right to say NOTHING, remain silent, and let the police do what the police do.
If i were you, I'd stand mute, say nothing, admit to nothing, and remain cloaked by Miranda and the fifth amendment.
That doesn't mean you won't get charged.
It does mean you won't put the hangman's noose around your scrawny neck!
Okay, here is the charge you could face:
http://www.leg.state.fl.us/Statutes...tute&URL=0700-0799/0790/Sections/0790.19.html
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army judge
Super Moderator
You were driving the car.
You are one.
They are many, maybe three, four, or at least TWO.
They could say YOU threw the bottle at the passing car.
Hmmm, two against one, huh?
That could mean you go down, as they TESTILIE against YOU!!!!
After all, you said they aren't really friends.
I suspect that's how they will feel about YOU, if it comes down to THEM or YOU!
Proserpina
Moderator
Everyone seems to be without friends these days.
Well, that's not quite accurate. They're your friends right up until someone gets collared and then all of a sudden someone waves a magical wand and turns them into "acquaintances".
How convenient is that?
Proserpina
Moderator
army judge
Super Moderator
Be still my heart - I think "testilie" has just become my favourite word EVER.
I wish I could lay claim to it, but Professor Dershowitz of Harvard University Law School is known for using first. It appears in several manifestations: testily, testilying, testilie LOL
The word testilying and its meaning have been publicized by defense attorney Alan Dershowitz, notably in a 1994 New York Times article, "Accomplices to Perjury," in which he said:
As I read about the disbelief expressed by some prosecutors... I thought of Claude Rains's classic response, in Casablanca on being told there was gambling in Rick's place: "I'm shocked—shocked." For anyone who has practiced criminal law in the state or Federal courts, the disclosures about rampant police perjury cannot possibly come as a surprise. "Testilying"—as the police call it—has long been an open secret among prosecutors, defense lawyers, and judges.
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