My son ( now 21 ) received an MIP at the age of 20. There were about 12 young adults at the camp site where this incident took place. All received M.I.P's. No field sobriety tests, no breath tests, no conversation other than the usual " may I see some I.D.". How can they get away this kind of Big Brother, Gestapo type absurdity? Is this offense worth taking to trial or should we just pay the ticket and jump through their hoops for the next 3 years?
M.I.P. in Medford, Oregon
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10-24-2007, 02:06 AMcandj101M.I.P. in Medford, Oregon
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10-24-2007, 06:30 AMaaronRe: M.I.P. in Medford, Oregon
Should we infer that they had alcohol at the campsite?
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10-24-2007, 08:56 AMcandj101Re: M.I.P. in Medford, Oregon
No, there were no open containers, bottles, etc. containing alcohol. One of the kids was under the influence of alcohol and so cited. However, there wasn't any physical evidence of any sort.
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10-24-2007, 09:26 AMaaronRe: M.I.P. in Medford, Oregon
Well then, they can present their case to the court (ideally with the help of a lawyer) and argue that the charges should be dismissed based upon the absence of evidence.
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10-24-2007, 09:36 AMcandj101Re: M.I.P. in Medford, Oregon
Thanks aaron, thats what I thought. Although I can't really afford an attorney for him. Would we have a shot at winning the case with out one? And may I ask... without offending.. what is your background?
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10-24-2007, 09:58 AMcdwjavaRe: M.I.P. in Medford, Oregon
Aaron is an attorney and the owner/administrator of this site.
As a side note, how do you know there was no alcohol and only one person had consumed alcohol (presumably someplace else)? Unless this is supported in the police report, this may not be entirely accurate.
My guess is that the police had a little more to go on than the presence of adults under the age of 21 just sitting in a campsite. It's kinda hard to make a MIP case without the possession or consumption.
- Carl -
10-24-2007, 10:00 AMaaronRe: M.I.P. in Medford, Oregon
My background is hardly a secret.
You can probably find a local lawyer who will give you a free initial consultation. (Even if not, there are 12 kids involved, so perhaps some or all of them can pool their resources and collectively consult a lawyer.) Also, the Oregaon state bar offers a lawyer referral service where the cost of an initial consultation is capped at $35. -
10-24-2007, 10:57 AMcandj101Re: M.I.P. in Medford, Oregon
Ehank you both for your inputs. Points are well taken.
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10-24-2007, 10:59 AMBORRe: M.I.P. in Medford, OregonQuote:
Quoting aaron
Aww, your little daughter is a sweetie Aaron. :)
Bless her heart! :) -
10-24-2007, 11:08 AMcandj101Re: M.I.P. in Medford, Oregon
BOR forgive my ignorance as I am new to this sute. I do greatly appreciate everyones input and experience on these matters.
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10-24-2007, 11:10 AMBORRe: M.I.P. in Medford, OregonQuote:
Quoting candj101
You did nothing wrong my friend, don't feel bad.
Take care,
BOR -
10-24-2007, 03:30 PMcandj101Re: M.I.P. in Medford, Oregon
BOR, you are correct. Apparently one of the kids did admit to drinking at the camp site which is why they all got MIP's. Does this make sense? Is that grounds to hand out a dozen MIP's?
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10-24-2007, 03:44 PMcdwjavaRe: M.I.P. in Medford, OregonOnly if the one guy said they were all drinking, or if there was some kind of evidence to indicate that they all could have had constructive control of the alcohol.Quote:
Quoting candj101
If there is insufficient cause articulated in the report, chances are the DA will drop the matter or just never file it. On the other hand, it is likely they know something you don't.
- Carl