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Careless Driving

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jeffery2k

Junior Member
So I was cited on July 4th, 2007 under ORS (Oregon Revised Statue) 811.135.

Here is the background:
My 4 friends and I (all over 21) were driving to the coast to celebrate Independence day. They decided to start the activities a little early and started "partying" in the car. They were unbuckled with their seatbelt and occasionally stuck half their bodies out the window while "partying". Now we were stuck with back to back traffic 2 miles outside the city. The car in front of us were also "partying" and throwing beer bottles out the window.
Two cars phoned into 9-11 and called in my license plate. The cops pulled us over, carded all of us trying to give us MIP, unsuccessfully as we were all of age. He pulled me aside and then the rest of my friends aside, making sure we were isolated from each other, trying to get one of us to confess to something. He searched my car and there were a lot of empty but opened beer cans on the floor of the car, however they were ALL EMPTY. He also said that there were 2 eyewitnesses saying that we threw beer bottles out the window (which is something the car in front of us were doing, not us)
When the officer realize that we were not going to admit to anything he rudely said from afar "Driver, come here, you're getting a ticket!"
He said that since it was July 4th and he knows we are here to celebrate it, AND that since the open beer cans were empty, he was not going to pursue the alcohol portion of this. Instead he gave me a careless driving ticket.

Question:
I was sober, 100%, and was seatbelted. I was not speeding (which is a feat to even accomplished during back to back traffic). All of my friends said that was BS and I should plead not guilty, as they have nothing on me (they said that should I do so, both witnesses and the cop would have to appear for me to have a high chance of losing the trial). I, myself, did NOTHING illegal. SO: is this something I can fight? I really felt the officer was just upset that we wouldn't give him any confessions.

Thanks so much any and all advice I receive on this. Thanks!

-Jeff
 
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The Occultist

Senior Member
Without knowing any relevant statutes, I will say that drivers are often time responsible for the actions of their passengers.
 

racer72

Senior Member
I, myself, did NOTHING illegal.
Guess what?

They were unbuckled with their seatbelt and occasionally stuck half their bodies out the window while "partying".
That is illegal, as the operator of a motor vehicle you are responsible for your passengers.
 

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