I believe RDO(14.223) to be unconstitutional. Would love to hear a discussion on this and any relevant US AND NC case law.

Asked over 1 year ago - Winston-salem, NC

I believe RDO(14.223) to be unconstitutional based on it "overboard" not intending its too vague.. In my opinion it criminalizes a substantial amount of constitutionally protected speech, and accords the police unconstitutional discretion in enforcement. I use my case as one incident without going into detail I was arrested on my property while my friend was being investigated for DUI in my driveway for telling my friend you do not have to do any roadside test. Of course the police will try to say I was disorderly but I was on my property and it was 1:30am so there was no crowd to intice and I wasn't disorderly. My standalone charge was RDO. Also Google Felica Gisbon out of Salisbury. This statue needs to be re-written to better protect citizens and police.Simalar Case Houston v. Hill U.S

Attorney answers (2)

  1. Kenneth Love Jr.

    Contributor Level 18

    Answered . There are only 2 way to deal with a statute that you don't agree with.
    Frist, you can seek to have the General Assembly strike it down and re-write it. or
    Second, you hire an attorney to challenge your conviction on constitution grounds. There is very little we can do or answer on a site like this.

  2. Rixon Charles Rafter III

    Contributor Level 20


    Lawyer agrees

    Answered . Did you have a specific legal question?

    I suspect there are a few blogs out there that would be perfect foils for your interesting opinion--but this avvo Q and A site isn't suited or designed for those types of discussions.

    NOT LEGAL ADVICE. FOR EDUCATION AND INFORMATION ONLY. Mr. Rafter is licensed to practice in the Commonwealth of... more

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