(I posted a similar question in the wrong forum. I also now have additional details.) Have some questions and was hoping someone could give me a little insight on what usually happens in a case like this.
Family member was pulled over for speeding (47 in a 45, radar). Officer charged person with seat belt violation (had it on) and expired tags (not expired, renewed online and waiting on sticker in mail). I know seat belt is probably hard to fight as it will be a he said/she said situation. What about the expired tags (has receipt of where they was renewed online)? If proof is shown that tags were renewed, will that charge be dropped? Officer gave a warning for speeding. Officer said smelled marijuana and searched car. On summons for drug paraphernalia (ORC 2925.141) it states "to wit:" and lists where rolling papers were found and an unopened pack of cigarillos as well as where each item was found. (In the backseat, officer found 3 flakes of marijuana but this isn't listed on the summons). Family member allowed friend to borrow car and told officer this as well as only the pack of cigarillos and one pack of rolling papers was his (he smokes tobacco). When family member called court to find out fines and have a few questions answered, was informed that now there is a possession charge. Never charged for drugs before. Has speeding ticket on record but no other criminal offences. Will this family member lose license? Any jail time? Probation? Officer never took cigarillos as evidence but did rolling papers and the 3 flakes....should officer have taken the cigarillos since they were listed on summons? Family member does meet with an attorney Friday.
Family member learned a hard lesson on loaning car out. I'm really worried about this family member so any info is greatly appreciated. Thank you for taking the time to read this.
Family member was pulled over for speeding (47 in a 45, radar). Officer charged person with seat belt violation (had it on) and expired tags (not expired, renewed online and waiting on sticker in mail). I know seat belt is probably hard to fight as it will be a he said/she said situation. What about the expired tags (has receipt of where they was renewed online)? If proof is shown that tags were renewed, will that charge be dropped? Officer gave a warning for speeding. Officer said smelled marijuana and searched car. On summons for drug paraphernalia (ORC 2925.141) it states "to wit:" and lists where rolling papers were found and an unopened pack of cigarillos as well as where each item was found. (In the backseat, officer found 3 flakes of marijuana but this isn't listed on the summons). Family member allowed friend to borrow car and told officer this as well as only the pack of cigarillos and one pack of rolling papers was his (he smokes tobacco). When family member called court to find out fines and have a few questions answered, was informed that now there is a possession charge. Never charged for drugs before. Has speeding ticket on record but no other criminal offences. Will this family member lose license? Any jail time? Probation? Officer never took cigarillos as evidence but did rolling papers and the 3 flakes....should officer have taken the cigarillos since they were listed on summons? Family member does meet with an attorney Friday.
Family member learned a hard lesson on loaning car out. I'm really worried about this family member so any info is greatly appreciated. Thank you for taking the time to read this.