They said neighbor called about someone arguing . Me and my wife were in the shop having a talk things got little heated and some loud talking was commited. So they gave us both tickets on our property .
We were not in public . Like I said we were in shop 100 yards from any house are the public road. The cop had been let go from another little town for picking up minor girls and riding around . My wife is from this town and knows him and he has been following her around town and he is one that gave ticket . I think its harassment .
Here is the entire DC law: Sec. 42.01. DISORDERLY CONDUCT. (a) A person commits an offense if he intentionally or knowingly:(1) uses abusive, indecent, profane, or vulgar language in a public place, and the language by its very utterance tends to incite an immediate breach of the peace;(2) makes an offensive gesture or display in a public place, and the gesture or display tends to incite an immediate breach of the peace;(3) creates, by chemical means, a noxious and unreasonable odor in a public place;(4) abuses or threatens a person in a public place in an obviously offensive manner;(5) makes unreasonable noise in a public place other than a sport shooting range, as defined by Section 250.001, Local Government Code, or in or near a private residence that he has no right to occupy;(6) fights with another in a public place;(7) discharges a firearm in a public place other than a public road or a sport shooting range, as defined by Section 250.001, Local Government Code;(8) displays a firearm or other deadly weapon in a public place in a manner calculated to alarm;(9) discharges a firearm on or across a public road;(10) exposes his anus or genitals in a public place and is reckless about whether another may be present who will be offended or alarmed by his act; or(11) for a lewd or unlawful purpose:(A) enters on the property of another and looks into a dwelling on the property through any window or other opening in the dwelling;(B) while on the premises of a hotel or comparable establishment, looks into a guest room not the person's own through a window or other opening in the room; or (C) while on the premises of a public place, looks into an area such as a restroom or shower stall or changing or dressing room that is designed to provide privacy to a person using the area.(b) It is a defense to prosecution under Subsection (a)(4) that the actor had significant provocation for his abusive or threatening conduct.(c) For purposes of this section:(1) an act is deemed to occur in a public place or near a private residence if it produces its offensive or proscribed consequences in the public place or near a private residence; and(2) a noise is presumed to be unreasonable if the noise exceeds a decibel level of 85 after the person making the noise receives notice from a magistrate or peace officer that the noise is a public nuisance.(d) An offense under this section is a Class C misdemeanor unless committed under Subsection (a)(7) or (a)(8), in which event it is a Class B misdemeanor.(e) It is a defense to prosecution for an offense under Subsection (a)(7) or (9) that the person who discharged the firearm had a reasonable fear of bodily injury to the person or to another by a dangerous wild animal as defined by Section 822.101, Health and Safety Code.
So, I guess the officer is saying that your arguing created unreasonable noise that disturbed your neighbor on his/her private property. (Or it could be if there was profanity that the officer is thinking along the lines of inciting a breach of peace, or that one or both of you abused the other or threatened the other . . . ) Obviously your argument was heard by the neighbor. I guess you could talk to your neighbor and ask them if they would come to court and state that they heard you and were concerned but that you did not really "bother" them but they heard raised voices and were concerned. . .
Disorderly conduct statutes vary by state or jurisdiction, so you would need to inquire as to what the relevant statutory scheme in Texas is in order to make an argument as to whether or not your conduct falls within the statute. For the most part, disorderly conduct statutes contain language that prohibits behavior that causes a disturbance or annoyance to others. Based upon the information you provided, although your conversation with your wife took place on your property, it appears that the argument was heard by at least one other person given that a neighbor called the police to complain (in other words, the disturbance carried out into the public). In terms of harassment, I would think that the claim is a bit of a stretch here because the officer did not initiate the interaction with you and your wife - he was called there based upon the report of your neighbor. Even further, it usually is not a successful defense that the officer had an ax to grind of some sort - the important question is whether the officer had sufficient cause to take the action he did (arrest, ticket, etc.). Put another way, even if the officer gains some personal enjoyment from ticketing a person he or she dislikes, if there was an adequate reason to issue the ticket (such as the complaint of a neighbor), the ticketing would be a legitimate exercise.
