MIP in Oregon

[RonnieDavis]

What is the name of your state? Oregon

On the way home from a concert we got pulled over. The police said that my friend's insurance was out of date (i've never heard of someone getting pulled over for having no insurance) and my friend had her car insured as of 2 weeks prior. The police officer said he smelled alcohol in the car, so he had each of us get out and talk to him and the second officer one at a time. I kept telling them I didn't drink a sip and they wouldn't breathalize me or anything so I figured I was good to go. 3 of my friends said they were drinking, but didn't say anything about me drinking with them. The one driving got a ticket for open container (a 40. oz pepsi fountain drink cup that had been filled with alcohol earlier. The rest of my friends, and myself, all got MIPs. I need some help with this... I can't afford a ticket for something I didn't do... The officer said he smelled alcohol on me but I didn't have anything...

I need to know if he can even pull us over for this legally.

Also, I need to fight this case because I really didn't do anything.. I didn't even hang out with these friends while they were drinking I just rode home with them from the show (I rode to the show with other friends)

Please help with this. You can email me at [email protected]

Thanks in advance

 

[seniorjudge]

Q: I need to know if he can even pull us over for this legally.
A: Yes, the officer ran the tags and found out there was no insurance. This is a good stop.

Ask for diversion. That's sort of like probation; they will ask you to do a bunch of stuff. Do it and you will be okay.

Standard answer

Here are some hints on appearing in court:

Dress professionally in clean clothes.

Do not wear message shirts.

Don't chew gum, smoke, or eat.

Bathe and wash your hair.

Go to court beforehand some day before you actually have to go to watch how things go.

Speak politely and deferentially. If you argue or dispute something, do it professionally and without emotion.

Ask the court clerk who you talk to about a diversion (meaning you want to plead to a different, lesser charge), if applicable in your situation.


Here are five stories that criminal court judges hear the most (and I suggest you do not use them or variations of them):

1. I’ve been saved! (This is not religion specific; folks from all kinds of religious backgrounds use this one.)

2. My girlfriend/mother/sister/daughter is pregnant/sick/dying/dead/crippled and needs my help.

3. I’ve got a job in [name a state five hundred miles away].

4. This is the first time I ever did this.

5. You’ve got the wrong guy. (A variation of this one is the phantom defendant story: “It wasn’t me driving, it was a hitchhiker I picked up. He wrecked the car, drug me behind the wheel then took off.”)

https://forum.freeadvice.com/showthread.php?p=854687#post854687

Other people may give you other advice; stand by.

 

[CdwJava]

I need to know if he can even pull us over for this legally.

If he can determine that the insurance is expired by running the plates, sure. Unless there is a spsecific statute in OR that prevents it, then I am sure he can.

Also, I need to fight this case because I really didn't do anything.. I didn't even hang out with these friends while they were drinking I just rode home with them from the show (I rode to the show with other friends)

The law defines possession as having dominion and control. You were near enough to the alcohol to have access, dominion and control over it, so you can be cited. Consuming alcohol when under age can be a seperate offense from possession.

Also, you don't have grounds to challenge the stop - your friend does. But, since he was driving, the challenge for the stop is his to make, not yours. I do not believe you have standing to make that challenge.

And fighting the charge will likely cost you more than the cite. (Lawyers can be expensive)

- Carl

 

[RonnieDavis]

The law defines possession as having dominion and control. You were near enough to the alcohol to have access, dominion and control over it, so you can be cited. Consuming alcohol when under age can be a seperate offense from possession.

Some laws are such BS...


I have one last question. My ticket says that If I don't bring the base fine ($500) to the court on the date then basically I'm screwed. When exactly do I ask for the diversion? After reading the back of my ticket it seems to me that I will be going to the court on that day, paying them $500, and leaving.. Have I just misunderstood this or what?

 

[seniorjudge]

...When exactly do I ask for the diversion?...

Read my post for the answer.

 

[RonnieDavis]

So I ask the clerk on the day that my court is set for. thanks

EDIT: off topic, I gave you your 5,000th post! Your a great help

 

[seniorjudge]

So I ask the clerk on the day that my court is set for. thanks

EDIT: off topic, I gave you your 5,000th post! Your a great help

Your check is in the mail!