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Oregon MIP laws Oregon - Labor Law Talk
Yesterday the senior class from my school and myself went to the state capitol in Oregon where we witnessed the floor session for the House of Reps.During the session they brought up a bill, HB 2147 Click here to read, which amended the current law ORS 809.260 which is summarized to if anyone between the age of 13 and 17 (the HB 2147 amends this to 20) is caught with a minor in possession (MIP) charge or having a firearm on public grounds or a court house that their driving license is to be revoked.
Currently even if you are suspected to be drinking and are even proven to not oregon mayor photos been drinking you are still oregon mayor photos an MIP.
This is said to be for the reason that there is suspicion that you will drink.
Although this sounds like a good law the repercussions this causes are not.
In example, last year a friend of mine, age 20, was being a designated driver for his friend who was 22.
A cop pulled him over and noticed the alcohol which he had taken from his oregon mayor photos who was in the back and placed the bottle in-between the seat and the center compartment in his car.
The cop gave him an MIP for which he had to go to a AA type meeting, and had to pay a fine.
This is not what should be happening.
I am looking to find someone here who may be able to help me draft an to give to several of my state reps.
And/or senators to sponsor it.I am looking to break MIP into two oregon mayor photos Minor in Possession(MIP), and Minor in Possession by Affiliation(MIPA).
In the case of a MIP this new HB 2147 would stay the same but in the case of an MIPA the consequences should be much less.
By the way its run now, any person within the same household or area of someone that is underage and drinking can be charged with a MIP regardless weather they have been drinking or not. oregon mayor photos
says absolutely nothing about a person being charged even if the person has not been drinking because the minor MIGHT drink.
It talks about a minor in possesion of alcohol.
In your oregon mayor photos case, he was in possession of alcohol, whether he was drinking or not.
This is not an uncommon law and I don't think you will have any success in repealing it.
Sorry, but it is illegal for a minor to even HAVE alcohol.
If your friend wanted to avoid legal problems, he should have tossed the alcohol instead of stashing it in his car.
oregon mayor photos My friend oregon mayor photos this case still had his friend in the back when the cop pulled him over.
He tried to explain to the cop that he had merely the bottle from his friend to prevent his friend from drinking anymore.
The cop still gave him a ticket.
And that house bill is not what I was speaking of for the fact of getting an MIP in the case of drinking or not.
It is stated in the laws over MIP's that that even by being around it wether knowing about it or not you can get an MIP.
And I don't plan to try and repeal this house bill itself it is just another thing that oregon mayor photos happen to someone who is convicted of an MIP, it is more of an example.
I am speaking of proposing an idea to a Rep., or senator to amend the current MIP laws to split them two sections, one for if you are actually the one abusing the substance while underage and another for if you are only around the substance being abused. oregon mayor photos
oregon mayor photos Quote: My friend in this case still had his friend in the back when the cop pulled him over.
He tried to explain to the cop that he had merely taken the bottle from his friend to prevent his friend from drinking anymore.
The cop still gave him a ticket.
And that house bill is not what I was speaking of for the fact getting an MIP in the case of drinking or not.
It is stated in the laws over MIP's that that even by being around it wether knowing about it or not you can get an MIP.
And I don't plan to try and repeal this house bill itself it is just another thing that can happen to someone who is convicted of an MIP, it is of an example.
I am speaking oregon mayor photos proposing an idea to a Rep., or senator to amend the current MIP laws to split them into two sections, one for if you are actually the one abusing the substance while underage and another for if you are only around the substance being abused.
Doesn't matter. A minor CANNOT be in possession of alcohol, even if he is holding it for a friend.
That's why it is MINOR IN POSSESSION as opposed to MINOR IN CONSUMPTION.
That is the exact reason I am trying to split the laws here.
A minor in possession of alcohol should be convicted of an MIP but someone who is in this example younger should be getting punished yes but not as severly as someone who has actually been using the alcohol.
The person should be getting punished for being an enabler to the person who has been drinking, not for the reason of having the alcohol near by.
I agree that yes the person should be punished for having the alcohol near by as in having it in possession but the fact still remains that they were oregon mayor drinking the alcohol and they had proof by their friend in the back who was of age and was intoxicated at the time.
This kind of proof should be enough to get them a lesser charge of as in what I would like to accomplish as a MIPA.
This would in effect still punish the person for being near and enabling the other person to drink but would you personally rather have someone drive their friend home safely or would you rather oregon mayor photos them scared to drive with the intoxicated person in the car oregon mayor photos make the person who is drunk drive home on their own.
This in a scense could lead to even more drunk driving.
As in the instance of my friend, had he not driven his friend gotten that MIP his friend would have driven home drunk.
Okay, you are missing two key points...One, the alcohol should have been tossed instead of stashed in the car.
Viola...no more alcohol in anyone's possession.
Not the drunk buddy, not him.Two, the order to revoke driving priveleges can be reviewed and dismissed if it is more than 90 days after the citation and the infraction is a first offense.
I think that even you must admit that if a friend isn't drinking, then that friend won't get habitually busted for MIP.
Driving is a responsibility...
Adults can not have "Open Alcohol Containers" in their vehicles either, no matter who was drinking it or even if no one was drinking it.It's nice that your friend is driving his drunk friends safely home, but he needs to a strict rule of no illegal substances or open containers in his vehicle and stick to that rule.Since the law does not prohibit him from being in possession of an impaired minor, he is still safe to drive them home.
And I am just going to chime in on a little bit of reality here.No law maker in the country is going to take any of the teeth out of the penalties for children drinking or being in possession.
Not gonna happen.Why?
Because you can't vote.
However, your parents and other grown ups can, and they don't want you drinking.
Making the penalties LESS harsh is political suicide.They barely want you DRIVING.
This law takes both off the table.
Haven't you figured it out?The make it hard to get a license, then make you renew it a year later, and then can take it away from you until 18 for a serious infraction and THEN hike up your insurance rates so high you can't see them from here.Why?
Because every third fatality car accident is children speeding and hitting something heavy.
Usually, drinking is involved.
Not always... sometimes it is just going too fast or something...
But still.No one wants to see kids die.
Your right to drive doesn't mean diddly.
And add to the fact that there is no 'right' to drive.
It is a privelege to drive.
In order to utilize that privelege, one must show enough maturity and responsibility to obey laws.
Not picking up a bottle of alcohol if you are a minor, no what the excuse for the action, is not a hard law to adhere to.
It stands to reason that if one cannot exhert that much self control, then the person not have the maturity and self control to operate a multi ton machine that can easily turn into machine.
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Post je objavljen 20.01.2008. u 00:43 sati.