my pending paraphernalia charge advice needed

[jatvchampion]

I was pulled over in wayne county Ohio because my license plate was in the front windshield when the officer was at my window checking my info he said he smelled marijuana. After a complete search of my car by him and two other officers they found a tin foil pipe in the driver sun visor they handled the evidence with no gloves and i went to the municipal court and plead not guilty now i have a bench trial coming up i have put in a request for a motion of discover. Do I have grounds for a dismissal since it is legal for my license plate in the front window or even grounds to suppress evidence due to improper handling and if so how do i go about it i have no priors and this is my first time in court and I'm representing myself since there is no chance at jail time so i couldn't get a public defender and i have no money for a lawyer should i just ask for a dismissal and state the grounds and bring in pictures of my car at my bench trial?

 

[dave33]

The motion for discovery is late. In the report they may have claimed more than one reason for pulling you over.

They do not need gloves to handle the evidence, at least it would not be reason enough to get anything suppressed.

To fight this case you need the report. You can try and ask for a continuance sighting the fact that you are going to submit a
motion for discovery. The judge just may find you guilty.

To submit a motion requires some know how, you may want to entertain a plea deal if offered before trial or just plead no-lo and
point out whatever positives you can think of. goodluck.

 

[dave33]

I was pulled over in wayne county Ohio because my license plate was in the front windshield when the officer was at my window checking my info he said he smelled marijuana. After a complete search of my car by him and two other officers they found a tin foil pipe in the driver sun visor they handled the evidence with no gloves and i went to the municipal court and plead not guilty now i have a bench trial coming up i have put in a request for a motion of discover. Do I have grounds for a dismissal since it is legal for my license plate in the front window or even grounds to suppress evidence due to improper handling and if so how do i go about it i have no priors and this is my first time in court and I'm representing myself since there is no chance at jail time so i couldn't get a public defender and i have no money for a lawyer should i just ask for a dismissal and state the grounds and bring in pictures of my car at my bench trial?

After reading this again I am not clear on your motion. Did you submit a motion for discovery soon after the arraignment? Submit today? What do you mean a request for a motion?

Anyway, if this falls apart make sure the judge knows you have no priors before sentencing. He will most likely ask the state about your record anyway. goodluck.

 

[OHRoadwarrior]

So do you have proof the license plate was in the front window before they pulled you over? I know that dodge and unless you have a unique design on your dash, the plate will scrape the crap out of the dash and likely slide all over. Beyond that, it is usually not visible to another vehicle, probable cause to pull you over. Smelling the weed is probable cause for the search.

 

[CdwJava]

Of course, a windshield can obstruct the view of the license plate in the vehicle by the way the light glances off of it or at night. And, since 4503.21 states that "All license plates shall be securely fastened so as not to swing, and shall not be covered by any material that obstructs their visibility" it would seem they had two different reasons within the same code section to detain you.

Also, as mentioned, no law requires the police to handle evidence with gloves. If they dusted the foil pipe for prints, yours would still be there. Though, they really do not have to dust it for it to be used against you.