Oscar-winning actress Reese Witherspoon was arrested and charged with Disorderly Conduct In the state of Georgia. In New York that charge is covered under the NYS Penal Law section 240.20, which is a violation, not a crime. The actress is accused of getting out of her car, and speaking to the law-enforcement officer, a Georgia state trooper, when her husband was pulled over for suspicion of DUI. She was asked to remain in the car. When she exited the car, she was asked to get back into the car. She allegedly refused that order. It has been reported that she said to the law-enforcement officer, "Do you know my name? State Trooper Pyland stopped Toth, 42, after allegedly seeing him weave in and out of his lane of traffic as he drove through the city's Buckhead community, according to the arrest report. Toth was charged with suspicion of DUI. Toth's eyes were allegedly bloodshot, and his clothing disheveled, Pyland wrote in his report. Both coordination tests and a breathalyzer test was administered to Toth. The test registered 0.139, well above the legal limit of 0.08 for a driving under the influence charge, the report said.
Ms. Witherspoon was charged with Disorderly Conduct.
In New York Disorderly Conduct is defined as:
§ 240.20 Disorderly conduct.
A person is guilty of disorderly conduct when, with intent to cause
public inconvenience, annoyance or alarm, or recklessly creating a risk
1. He engages in fighting or in violent, tumultuous or threatening
2. He makes unreasonable noise; or
3. In a public place, he uses abusive or obscene language, or makes an
obscene gesture; or
4. Without lawful authority, he disturbs any lawful assembly or
meeting of persons; or
5. He obstructs vehicular or pedestrian traffic; or
6. He congregates with other persons in a public place and refuses to
comply with a lawful order of the police to disperse; or
7. He creates a hazardous or physically offensive condition by any act
which serves no legitimate purpose.
Disorderly conduct is a violation.
Which section of Disorderly Conduct would Ms. Witherspoon have been charged with if the occurrence happened in New York? Probably none. In New York she would have probably been charged with Obstruction of Governmental Obstruction, Penal Law Section 195.05, which is a class A Misdemeanor, which is a crime.
In any event, anyone that finds himself or herself in such a situation would need a New York Criminal Defense Attorney for both the DUI charge, as well as the Disorderly Conduct charge. A first DUI in New York is an unclassified misdemeanor, which is a crime.
Even a simple violation charge of Disorderly Conduct can lead to collateral consequences for one's job, schooling, and possibly even immigration. That is why it is important to contact a Queens DUI Attorney or a Queens Disorderly Conduct Attorney if you are facing a criminal charge. A good QUEENS CRIMINAL DEFENSE ATTORNEY will be able to advise you of your options and consequences. Contact me for a free consultation.