Possession of marijuana in a park

[sas51180]

What is the name of your state? Ohio

I recently was pulled over for running a red light. The officer claimed to smell marijuana and asked to search my vehicle. I allowed him to believing there was no marijuana in the car. The officer did find a bag of marijuana in the car and a small wooden pipe. I believe these belonged to one of my friends who I had dropped off earlier that night after being out. I told the officer I had been the designated driver that evening, which I was. The officer proceeded to cite me for failure to obey a traffic signal and possession of marijuana in a park(since I was within 200 yards of a Ohio Metropark). I will accept the consequences of running the red light because I in fact did so. I want to fight the citation of possession however and want to know what I should do. I have to appear in court in 2 days and I intend to plead not guilty. Any advice offered would be greatly appreciated as I am foreign to this. Thank you in advance!

 

[tranquility]

Possession requires intent. Your argument is that you did not *ever* know the marijuana was in your car. With *no* knowledge, you certainly can't have the requesite intent to posses.

Proving a negative is hard. Where the pot was found, what the officer smelled (burnt or raw) and the real-world knowledge that people who use drugs usually don't forget them in friend's cars are going to be high hurdles for you to surmount.

High, high hurdles. Are you SURE you had NO IDEA none of the people were in possession of pot when in your car?

If so, get an attorney. Maybe he can prove it up. I doubt it, but maybe.

 

[sas51180]

As far as where the pot was found I am not sure. The officer never actually told me where he found the pot. He did say that it was in proximity to the drivers area, but I certainly did not see it. He did indicate that he smelled the odor of marijuana, but did not suggest whether he felt it was burnt or raw. At least 1 person was in my car that night that I had never hung out with before, but I am not really sure who had the marijuana. I know that I have friends who smoke, but I am not sure how I will prove that considering I doubt any of them will want to own up to it. Usually when I go out I am the designated driver and have found items before that people normally keep track of like wallets, credit cards and drivers license. I was not 100% positive that no one in my car had marijuana, but then again I do not usually ask. Any thoughts? I appreciate it.

 

[tranquility]

My thoughts are that the pot was found near the driver's area and no cop is going to testify he smelled raw marijuana which was found in a single little baggie. He will testify (I bet) he smelled burnt marijuana. I'd say you're toast. All the presumptions will be against you and you've got nothing but your word.

 

[sas51180]

Based on that, would you recommend pleading guilty? If so what punishment will I be facing. I know there is a 100$ fine for possession in Ohio, but is there anything else cost-wise that I will incur? Also will I have to pay the fine immediately or will I have time to pay?