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Drug Charge during traffic stop/Ohio

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Taximule

Junior Member
(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.
 


Zigner

Senior Member, Non-Attorney
There was no reason to delete your thread that had replies. It's a waste of the volunteers' time to answer and then have it deleted.
 

Taximule

Junior Member
I apologize Zinger. I thought with it being in the wrong place, the right people wouldn't see it. I was asked about specifics that I didn't have at the time either so I included it in this post. I'll remember in the future not to delete. Is there a way to have a post moved to a different category if I post in wrong place?
 

Zigner

Senior Member, Non-Attorney
I'm sure you received replies similar to what I'm going to say in your (now deleted) thread:

This is your family member's problem. Your family member has an appointment with an attorney who can review all the facts related to the matter and advise your family member accordingly. It would be foolish for us to even begin to guess at the answers to your questions.
 

quincy

Senior Member
(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.
If a thread is placed in the wrong forum category, the thread can be moved if necessary - but moving threads is generally not necessary on this forum. Forum members are not confined to one section of the forum and can easily read and respond to threads no matter where on the forum they are located.

We really do not like posters to delete threads. Threads are kept on this forum as reference material for others visiting the forum. Deleting a thread also shows a lack of respect for the forum members who spent time and effort assisting with a poster's legal issue.

Here are two links, the first to ORC 2925.141 (your family member's charge), and the second to ORC 2929.28 (the penalties):
http://codes.ohio.gov/orc/2925.141http://codes.ohio.gov/orc/2929.28
The drug offense charged is a minor misdemeanor with a fine of $150 and no jail time.

The seat belt fine and the expired tag fine total under $50, but additional local and state traffic costs can raise cost totals to the $200 range.

Speaking to an attorney can be smart. The fine for the expired tag potentially could be waived with proof it was renewed. I don't know if the other offenses can be dismissed. The attorney your family member sees can advise on that.

(Zigner, I am feeling foolish today ;))
 
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quincy

Senior Member
I said it was a minor misdemeanor on the other thread. GOOD GRIEF. What am I? Chopped liver?
Apparently everyone who responded in the other thread was chopped liver.

I didn't see the other thread. Probably because it was hidden in another section of the forum. Haha. :)
 

Taximule

Junior Member
Again, I apologise to everyone. I never meant to disrespect anyone. I appreciate the time those took to reply on my other thread. I don't know all the ins and outs of this website. I thought if you posted something under a specific subject, it stayed under that subject. I assumed that people on here only looked at certain subjects and ignored the rest. That was why I asked here if it could be moved in the future. Lesson learned.
 

quincy

Senior Member
Again, I apologise to everyone. I never meant to disrespect anyone. I appreciate the time those took to reply on my other thread. I don't know all the ins and outs of this website. I thought if you posted something under a specific subject, it stayed under that subject. I assumed that people on here only looked at certain subjects and ignored the rest. That was why I asked here if it could be moved in the future. Lesson learned.
You're right. All forums operate differently. You now have a better idea of how we operate here. :)

Good luck to your friend.
 

Taximule

Junior Member
Quincy, maybe you can answer one of my questions that wasn't answered or point me in the right direction. If an officer lists on the summons what he/she considers evidence (in this case cigarillos and rolling paper), does the officer have to confiscate all listed items for evidence?
 

quincy

Senior Member
Quincy, maybe you can answer one of my questions that wasn't answered or point me in the right direction. If an officer lists on the summons what he/she considers evidence (in this case cigarillos and rolling paper), does the officer have to confiscate all listed items for evidence?
No. The officer will confiscate items that are illegal to possess or that might be compromised if left in possession of offender (e.g., cellphone). But the officer does not have to confiscate all that is found.
 

Taximule

Junior Member
Thanks for the reply. I wondered about that since both was listed on the summons but only the rolling paper was taken. Appreciate all the knowledge you've passed along!
 

quincy

Senior Member
Thanks for the reply. I wondered about that since both was listed on the summons but only the rolling paper was taken. Appreciate all the knowledge you've passed along!
We always appreciate thanks, Taximule, so thank you. :)
 

Taximule

Junior Member
This comment is not related to my main situation but to say thanks. I want to tell everyone that I greatly appreciate all the replies and private messages I've receive educating me on laws and/or where to find more information. I have learned so much about different legal matters (and still have plenty more that I can learn on this site). I love learning new things! I knew the legal system was complex but I have learned it is way more complex that I thought. Some of you have blown me away with your knowledge and willingness to discuss the legal matters involved. I promise not to delete future threads I make. :)

Just for clarification so I don't ruffle any feathers in the future, is it frowned upon for a clueless person like me to ask a more specific question related to the subject on someone else's post or should a new thread be started? For example, would it be okay if another poster posted on this thread "Would the charge be different than a minor misdemeanor if it is a person's second offense?" or "If a person in the same situation is a minor, are they looking at the same punishment?" Just trying to be educated on rules and/or preferences with the threads. Also, if a similar question is asked but it was asked quite awhile ago and "my" circumstances are a little different, do people get pissed for starting a new thread and asking a similar question?

Thank you so much quincy for taking more of your time to reply and educate me a bit more. :) I do have a question which you might not be able to answer.... Why are some people so rude in their reply to someone that asks a question? While reading different threads I see posts like "Shouldn't have been speeding." or "What did you think would happen?" or "Shouldn't have broken the law and you wouldn't be in this situation." While I understand those things are valid, some of the replies are not educational at all and very rude. I thought this site was so people could be educated about laws.
 

Taximule

Junior Member
I said it was a minor misdemeanor on the other thread. GOOD GRIEF. What am I? Chopped liver?
No, I do not think you are chopped liver. I appreciated your reply and thank you for taking the time to reply on my other thread. I made an honest mistake and won't do it in the future.
 

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