My question involves a traffic ticket from the state of: Oregon
My son is 18 and was riding with a 17yr old driver. The driver was pulled over for driving too slow on a rural road at 11:00pm. The driver had opened a can of beer and had a few sips. The can was in the cup holder when the officer came to the vehicle. The driver was given a field sobriety and breathalyzer test. Passed both. The 17 yr old driver was cited for MIP while driving a vehicle and open container. My 18 yr old son was cited for MIP (and the officer crossed out the "while driving a motor vehicle) and open container. This is my son's first encounter with law enforcement.
My questions are as follows:
It seems odd that both boys received the same citations. My son was not drinking. The officer even told the driver that he "threw his friend under the bus since he wasn't drinking and he was 18."
Will the MIP and open container citation go against his driving record for insurance since he was not driving? Would it be the same as if he was at a party and not driving? Or does it matter where it happens?
How does he approach the judge...shall he plead guilty with explanation or no contest with explanation. He would like a diversion program, community service or some other option. How does he go about requesting this?
By the way, it was a good lesson in guilty by association which I have been talking about with him for years.
Thanks!
My son is 18 and was riding with a 17yr old driver. The driver was pulled over for driving too slow on a rural road at 11:00pm. The driver had opened a can of beer and had a few sips. The can was in the cup holder when the officer came to the vehicle. The driver was given a field sobriety and breathalyzer test. Passed both. The 17 yr old driver was cited for MIP while driving a vehicle and open container. My 18 yr old son was cited for MIP (and the officer crossed out the "while driving a motor vehicle) and open container. This is my son's first encounter with law enforcement.
My questions are as follows:
It seems odd that both boys received the same citations. My son was not drinking. The officer even told the driver that he "threw his friend under the bus since he wasn't drinking and he was 18."
Will the MIP and open container citation go against his driving record for insurance since he was not driving? Would it be the same as if he was at a party and not driving? Or does it matter where it happens?
How does he approach the judge...shall he plead guilty with explanation or no contest with explanation. He would like a diversion program, community service or some other option. How does he go about requesting this?
By the way, it was a good lesson in guilty by association which I have been talking about with him for years.
Thanks!
Other Violations: MIP and Open Container
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