Minor in Possession and Alcohol in Park

[aimers1976]

My question involves criminal law for the state of: Oregon
My 18 year old son got a ticket for a MIP Alcohol & Alcohol in Park ticket.
His DOB is 3/8/94 but on the ticket as well as the "notice of exclusion from city park" his DOB is listed as 02/09/64 - so not on ONE document but both documents he was given.
I am assuming this is the officers DOB that he wrote on both the ticket and park exclusion.
I know this does not take away from the fact that he did this but is this a reason to get this ticket dismissed?

Also - I have NO experience with law enforcement or charges etc; so is this a serious enough charge that I need to seek an attorney? I am a single Mom & would like to avoid it if I can!

[Mr. Knowitall]

In theory, assuming an overworked prosecutor, it would be interesting to try to have a lawyer get a MIP dropped based upon the fact that the ticket reflects the recipient's being 48, but in reality the prosecutor is likely to both double-check the information and, even if not, when the open alcohol charge gets to court notice that the defendant is well short of 48 years old. So no, that sounds like a non-starter.

It's really your (or your son's) judgment call as to whether to retain a lawyer. It wouldn't hurt for your son to consult a lawyer and, based upon the interview, decide whether or not he wants to pay for representation. A local lawyer is going to have a much better sense of what the local courts and prosecutors are apt to do than the people here, as practices can vary significantly by county and locality. You can be in one county and have a prosecutor who is happy to defer disposition, but in the next the prosecutor may want to make an example of kids caught drinking in parks....