Legal question, minor in possession

[Ratfink]

As my grandpa always taught me, "if'n you ain't doing anything wrong, you got nothin to fear."
Fairly simple, no lawyer needed....Jus say'n.

 

[pharmseller]

I am sorry but my first reaction was; telling the truth was a mistake?

Responding at all was a mistake.

Name DOB and address.




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[pharmseller]

As my grandpa always taught me, "if'n you ain't doing anything wrong, you got nothin to fear."
Fairly simple, no lawyer needed....Jus say'n.

Share with me how your post contributes to my question.




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[Ratfink]

Share with me how your post contributes to my question.




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Sure...obey the law and there's no need for lawyers or consequences right? Minor in possession means he was violating the drinking law right? Presumably. I applaud his honesty so someone taught him well. I'm not judging, just asking a question.

 

[pharmseller]

No you're not, you're stating the obvious (don't break the law, you won't need an attorney, duh) for some reason that I cannot fathom. Do you think that anyone isn't clear on the concept?

So please, if you don't have something constructive to say, remember that silence is golden.



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[Ratfink]

No you're not, you're stating the obvious (don't break the law, you won't need an attorney, duh) for some reason that I cannot fathom. Do you think that anyone isn't clear on the concept?

So please, if you don't have something constructive to say, remember that silence is golden.



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Sorry, didn't mean to offend...thought you were looking for honesty to your question. It sounded as if you were confused about being honest with authority.bye now..

 

[BDA.45]

It basically all boils down to the fact that he incriminated himself. As a passenger in a vehicle. Had he have known, things may be different.

 

[pharmseller]

He knows now.

Name DOB address.

Anything else, I want a lawyer.



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[slimmer13]

I had a high power attorney tell me to always fully cooperate when questioned about a misdemeanor and always STFU if it's a felony. YMMV and circumstances can be different.

 

[gunnails]

If you are not operating a motor vehicle.
Cops can ask you what ever questions they want to, but you are never obligated to answer them.
If you are being detained for a suspicion of a crime then you do have to provide your ID but nothing else. In order for you to be detained for a suspicion of a crime you may have committed or that you are suspected of about to commit then the officer has to be able to explain what his reasonable suspicion of a crime was. otherwise your free to go.

 

[No_Regerts]

This really sucks. This is an example of how interest groups like MADD lobby to change laws regarding their interest to the point where they are disproportionately strict. A year suspension of the drivers license?

I saw a clause regarding being with a consenting parent or guardian, that wasn't tje case was it?

Yeah, the legal age to drink is 21, but he was getting a ride from a sober driver and was being truthful. If not for body cams and dash cams, this might have gone away.

I'd contact the PA's office and see if there was any chance if a diversion program. Oregon diversions are generally available. I did a diversion on a traffic cam ticket and it took a whole day in class watching car wreck videos. Maybe your son can do something similar? Maybe look up an alcohol awareness class and mention it so it appears you/your son are being proactive and taking it seriously.

 

[CountryGent]

That crossed my mind too; what if it was consumed with one's parents in their home, which is perfectly legal in Oregon? (Children drinking wine at dinner time was common in the home when I was growing up, so it most certainly happens, though I'm not sure it will happen in this family because of different outlook from wife.)

 

[pharmseller]

Here's the skinny:

I looked at the citation, it was for municipal court. I hit the website and got info about their alcohol diversion program. Then I went and talked to a nice lady who told me my kid qualified for diversion. Plead guilty in court, pay the fine, attend a class, keep his nose clean for 4 months, the citation will be dismissed. Then petition for expungement, $240, like it never happened.

His lesson, his money. Now he knows.





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[No_Regerts]

Here's the skinny:

I looked at the citation, it was for municipal court. I hit the website and got info about their alcohol diversion program. Then I went and talked to a nice lady who told me my kid qualified for diversion. Plead guilty in court, pay the fine, attend a class, keep his nose clean for 4 months, the citation will be dismissed. Then petition for expungement, $240, like it never happened.

His lesson, his money. Now he knows.





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I'm glad there is a resolution to all of this, but sorry it has to go that way.

 

[DB is Here]

His lesson, his money. Now he knows.

Glad you made him pay, those are the lessons we keep for a lifetime.

 

[slimmer13]

Here's the skinny:

I looked at the citation, it was for municipal court. I hit the website and got info about their alcohol diversion program. Then I went and talked to a nice lady who told me my kid qualified for diversion. Plead guilty in court, pay the fine, attend a class, keep his nose clean for 4 months, the citation will be dismissed. Then petition for expungement, $240, like it never happened.

His lesson, his money. Now he knows.





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If the citation is dismissed after 4 mo, what is there to expunge?

 

[pharmseller]

If the citation is dismissed after 4 mo, what is there to expunge?

The record of the citation. Just because it's dismissed doesn't mean the record doesn't disappear.

 

[Flymph]

Just ensure he knows the gravity of being caught while driving without a license, even just around the corner... what was 4 months to a year could easily become 4 years...
You guys made the right call with the diversion program. It's their game and your son decided to play it.
Whenever I may have been in such a situation, I shut up. When asked questions I answer briefly.

I once saw a video about a stopped group where a guy who was not being questioned, was asked why he was not providing input, response was "I was not being spoken to"... officer suggests that doesn't matter, the guy responds I only speak when spoken to. Officer says "well I'm talking to you now" and the guy responds "and I'm answering your questions" the officer appreciates that. The guy asks "is there anything you want to ask of me?" the officer says no, so the guy asks if the group can leave... to which the officer says they can...
I believe the officer leading the questioning with the other group member was quite peaved that the group was permitted to go on their way. I was greatly amused by that, those officers were nice guys.