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The Water Cooler
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Oklahoma in the National News again...
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<blockquote data-quote="Dave70968" data-source="post: 3148578" data-attributes="member: 13624"><p>The citation (link, in this case) to the statute gives me a place to look. The statute is <a href="http://www.oscn.net/applications/oscn/DeliverDocument.asp?CiteID=90120" target="_blank">70 O.S. 10-105</a>. A little bit of reading shows it to be a misdemeanor, which means going through the district court, with the full panoply of rights that apply to any other criminal prosecution (including due process, and the opportunity to mount a defense), not just the whim of an administrator. Moreover, the $250 fine is the maximum for the third or subsequent offense. Section (D):</p><p></p><p style="margin-left: 20px">D. Any parent, guardian, custodian, child or other person violating any of the provisions of this section, upon conviction, shall be guilty of a misdemeanor, and shall be punished as follows:</p> <p style="margin-left: 20px"></p> <p style="margin-left: 20px"></p> <p style="margin-left: 20px">1. For the first offense, a fine of not less than Twenty-five Dollars ($25.00) nor more than Fifty Dollars ($50.00), or imprisonment for not more than five (5) days, or both such fine and imprisonment;</p> <p style="margin-left: 20px"></p> <p style="margin-left: 20px"></p> <p style="margin-left: 20px">2. For the second offense, a fine of not less than Fifty Dollars ($50.00) nor more than One Hundred Dollars ($100.00), or imprisonment for not more than ten (10) days, or both such fine and imprisonment; and</p> <p style="margin-left: 20px"></p> <p style="margin-left: 20px"></p> <p style="margin-left: 20px">3. For the third or subsequent offense, a fine of not less than One Hundred Dollars ($100.00) nor more than Two Hundred Fifty Dollars ($250.00), or imprisonment for not more than fifteen (15) days, or both such fine and imprisonment.</p><p></p><p>Section (B) also suggests that my interpretation of "attendance" is the correct one; even if not, though, the defense would be a good one.</p><p></p><p>And, as an aside, I <em>really</em> appreciate the citation to the statute; very, very few news articles give good references, and it's a whole lot easier to get the details when the references are provided.</p></blockquote><p></p>
[QUOTE="Dave70968, post: 3148578, member: 13624"] The citation (link, in this case) to the statute gives me a place to look. The statute is [URL='http://www.oscn.net/applications/oscn/DeliverDocument.asp?CiteID=90120']70 O.S. 10-105[/URL]. A little bit of reading shows it to be a misdemeanor, which means going through the district court, with the full panoply of rights that apply to any other criminal prosecution (including due process, and the opportunity to mount a defense), not just the whim of an administrator. Moreover, the $250 fine is the maximum for the third or subsequent offense. Section (D): [INDENT]D. Any parent, guardian, custodian, child or other person violating any of the provisions of this section, upon conviction, shall be guilty of a misdemeanor, and shall be punished as follows: 1. For the first offense, a fine of not less than Twenty-five Dollars ($25.00) nor more than Fifty Dollars ($50.00), or imprisonment for not more than five (5) days, or both such fine and imprisonment; 2. For the second offense, a fine of not less than Fifty Dollars ($50.00) nor more than One Hundred Dollars ($100.00), or imprisonment for not more than ten (10) days, or both such fine and imprisonment; and 3. For the third or subsequent offense, a fine of not less than One Hundred Dollars ($100.00) nor more than Two Hundred Fifty Dollars ($250.00), or imprisonment for not more than fifteen (15) days, or both such fine and imprisonment.[/INDENT] Section (B) also suggests that my interpretation of "attendance" is the correct one; even if not, though, the defense would be a good one. And, as an aside, I [I]really[/I] appreciate the citation to the statute; very, very few news articles give good references, and it's a whole lot easier to get the details when the references are provided. [/QUOTE]
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