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  1. #1
    Join Date
    May 2011
    Posts
    1

    Exclamation Furnishing Alcohol to a Minor in Oregon

    My question involves criminal law for the state of Oregon.
    Hello All, I was issued a citation tonight for a Class A misdemeanor in Oregon and if I could get some legal advice that would be much appreciated. The story is this:
    I'm a 19 year old student in Oregon and earlier tonight I was with a group of friends and we were about to leave to go grab something to eat. Before we left, my friend sarah asked if I could drive her to her friend's house to drop off some beer that she apparently owed this dude. I said that was fine, as it was only a few blocks away on campus. We get to this guy's dorm, who I have never met before and have no connection with, and I get out of my car to open the trunk for sarah. I open the trunk, the guy comes out, grabs the beer, and just then 3 bike cops come out of nowhere and tell us to step away from vehicle... We all sat on the curb, they took our information, and asked us some questions and had us pour out the case of beer on the ground. I told them I didn't know about the beer and that I was just driving my friend as a favor. They asked to search my vehicle and I told them I didn't consent to any searches. I tell them I am completely sober, but they give me a breathalyzer, but I passed it as I had nothing to drink that night. They issue Sarah's friend an MIP (Minor in Possession, Class C Misdemeanor), and let him leave. I assumed I would receive the same citation, but I was surprised when I was issued a class A Misdemeanor of furnishing alcohol to minor, a charge with a higher class (A as opposed to C) and a much higher fine. What should I say when my court date comes next month? What should I plead? I know MIPs can easily be expunged (I've had many friends who have got them but had them sealed/expunged after a few months) but this is different. Is there anyway I can get this changed to an MIP instead of a furnishing charge..? Is this a charge that can eventually be expunged or sealed so I can have a clean record? I really don't want this to be something that will stay on my record and damage future opportunities for school and work. Any thoughts? Thank you.

  2. #2
    Join Date
    Sep 2005
    Location
    Behind a Desk
    Posts
    98,846

    Default Re: Furnishing Alcohol to a Minor in Oregon

    It would be reasonable to infer that the police weren't pleased that you told them what they seemingly interpreted as a ridiculous lie - that you didn't know that the beer in the trunk of your car, that you opened such that it could be retrieved by the minors, was there - and charged you accordingly. The issue of the search appears irrelevant, as the beer wasn't found during the search and it doesn't appear that the search produced anything that the police intend to use as evidence - there's nothing to suppress. I suggest consulting a local lawyer about trying to reduce the charge and about the possibility of a deferral.

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