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  1. #1
    Join Date
    Dec 2009
    Posts
    2

    Default Oregon MIP

    My question involves criminal law for the state of: OR

    Starting with the circumstances, basically i was at a party with some friends, drank a couple beers maybe around 9pm. Later went to a 10pm movie, left at 12am, ran around some more and ended up at a gas station around 1am. I left my debit card in my car, went to get a friend gas in his car, and when we arrived i obviously had no way to pay, i offered to leave the car, go get the card, etc etc but the station attendant wasnt having it so the police responded.

    1st officer talked to me for a bit, then gave me the HGN test, and quickly decided i was drunk. I told him to give me the breathalyzer so i could prove i wasnt, and he said he didnt have one with him. 1:40 am rolls around and the 2nd responding officer gives me an MIP in a extremely disrespectful manner.

    At the point the Mip was issued, even at the time the officer responded, i highly doubt there was any alcohol in my system, judging from the 2 hours per beer rule it had been 4 hours since i last drank. If there is no law outlining a timeframe for minors to be in consumption, at what point can the officer give you one and not give you one? If this is the case, any kid off the street could tell a cop they drank beer and get an mip. regardless of when. Clarify?

    What basis is there to fight this mip?
    -no breathalyzer test
    -no alcohol on my person

    help?

  2. #2
    Join Date
    Mar 2007
    Posts
    9,096

    Default Re: Or MIP

    Alcohol actually stays in your system much longer than that.. the rule you state is certainly not an iron clad one... and is only typically used as a thumbnail benchmark to gauge the alcohol's influence.

    ANY alcohol in your system would be illegal.

    Any kid that tells a cop they drank would be confessing to a crime.

  3. #3
    Join Date
    Dec 2009
    Posts
    2

    Default Re: Oregon MIP

    Indeed, but if you tell a cop you drank a couple days ago he's not going to give you an mip. Regardless of a timeline, if the officer doesnt prove theres alcohol in your system he cant prove you were "in possesion" at the time he saw you. Thats how im looking at it.

  4. #4
    Join Date
    Nov 2007
    Posts
    1,419

    Default Re: Oregon MIP

    If you told the cop that you drank yesterday then you were a minor in possession of alcohol.

    If this is the case, any kid off the street could tell a cop they drank beer and get an mip. regardless of when. Clarify? They admitted to committing a crime. If the statue of limitations didn't run out then they could technical charge someone for whatever crime they confessed to. If I told a cop I killed someone last night or broke in to a car they probably would arrest me,even tough they have no other evidence.

    The test provided evidence you drank in the past,if some kid drank a week ago.The test probably wouldn't show anything and they shouldn't admit to breaking a law. Maybe you have the right to refuse taking the test or some other issue.

    Beside the test,is there any other prove that you drank? Did you admit to drinking. Some lawyers offer a free consultation they could tell you the chances of getting the ticket dismissed.

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