Man apologizes for vulgar check

January 12, 2008 2:02:33 PM PST
A man who wrote a vulgar message on the memo line of a check he used to pay a $5 parking ticket has apologized in writing, leading police to drop a disorderly conduct charge. "He was contrite enough to offer an apology, and I think that satisfies the people who were insulted by it, which were the clerks," Doylestown Police Chief James Donnelly said. Donnelly said the disorderly conduct charge was filed because the comment was obscene.

But the lawyer for David Binner, 45, of Doylestown, said his client would have prevailed if he went through a trial.

"The F-word isn't what it used to be," attorney Keith Williams said. "It doesn't have a sexual connotation anymore."

Williams said a word has to have a sexual connotation to be considered obscene, and it needs to be obscene to be considered disorderly conduct.

But Williams said his client felt bad about what he did and will pay the parking fine and court costs.

"This is not my normal nature and admittedly was a temporary lapse of judgment on my part, vented in a moment of frustration," Binner wrote in his letter of apology.

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Information from: The Intelligencer, http://www.phillyburbs.com


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