queeniez71 said:
What is the name of your state? ohio
My 16 year old son who is slilghtly mentally challenged got a ticket for underage tobacco possession. What happen is he was hanging out with some kids and one of them asked him to hold his cigerettes for some reason the police stopped them and searched the whole crew and found the cigerettes on my son. My question is will I be able to speak to the magistrate and explain to him/her what happened or will they just not care to hear it?
I agree with Ohiogal and xylene. The fact is your son was in possession of tobacco.
From Ohio statutes:
ORC § 2151.87: Minor prohibited from
possessing, using, purchasing or receiving cigarettes or other tobacco products
**************. (B) No child shall do any of the following unless accompanied by a parent, spouse who is eighteen years of age or older, or legal guardian of the child:
(1) Use, consume, or
possess cigarettes, other tobacco products, or papers used to roll cigarettes;**************....
(F) If a juvenile court finds that a child violated division
(B)(1), (2), (3), or (4) or (C) of this section, the court may do either or both of the following:
(1) Require the child to attend a youth smoking education program or other smoking treatment program approved by the court, if one is available;
(2) Impose a fine of not more than one hundred dollars.
(G) If a child disobeys a juvenile court order issued pursuant to division (F) of this section, the court may do any or all of the following:
(1) Increase the fine imposed upon the child under division (F)(2) of this section;
(2) Require the child to perform not more than twenty hours of community service;
(3) Suspend for a period of thirty days the temporary instruction permit, probationary driver's license, or driver's license issued to the child.
(H) A child alleged or found to have violated division (B) or (C) of this section shall not be detained under any provision of this chapter or any other provision of the Revised Code.
