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State v. Mr. H (DMC No.7301)

DISMISSED – Disorderly Conduct, State v. Mr. H. (DMC No.7301) (Surprise Municipal Court No. CR07-00386): Some neighbors had called regarding Mr. H. riding around on a recreational vehicle in a reckless manner up and down the neighborhood streets. When police arrived, they saw Mr. H. arguing with his neighbor. Mr. H. then walked to the back yard and began punching a shed and then arcadia door with his bare fist. His knuckles were bleeding and he appeared to be intoxicated. He was subsequently arrested and charged with Disorderly Conduct. We were able to convince the prosecutor that a person cannot be disorderly in their own backyard with their own property without other neighbor’s peace and quiet being disturbed. The State agreed and all charges were dismissed.

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