There is video evidence to get my disturbing the peace ticket dropped. But it's missing from my motion for discovery I received.

Asked over 1 year ago - Lincoln, NE

I allegedly started a fight and was belligerent at a bar, however the bartender instigated all of it. The video evidence I know the officer acquired shows that I was in fact never aggressive to the bartender. He admitted to me on the phone I never hit him. However, when I motioned for discovery of all police reports and video evidence, the attorney general's office only gave me a police report which does a very good job of insinuating it was all my fault. I need to acquire this tape to show that I was only acting in self-defense.

The police report only contains an account from the assaulting bartender and another coworker. It never states they asked me to leave before becoming physical. It also never states I used any type of "fighting words" to constitute disturbing the peace.

Attorney answers (3)

  1. Tregg Robert Lunn

    Pro

    Contributor Level 13

    1

    Lawyer agrees

    Answered . I do not understand what you are asking. You were not charged with assualt, but disturbing the peace. Aggresiveness is not an element of Distrubing the Peace. If you insist on representing yourself, you should probably read the statute and see what the elements of the crime actually are.

  2. Alan James Brinkmeier

    Contributor Level 20

    1

    Lawyer agrees

    Answered . Was the video evidence preserved?

    If you had hired a lawyer the day of or even the day after the first thing the lawyer could have done is perpetuate that video evidence to make your case defense.

    Did you?

  3. Rixon Charles Rafter III

    Contributor Level 20

    1

    Lawyer agrees

    Answered . So, what is your question?

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

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