open container in Ohio

[mkathyf]

What is the name of your state (only U.S. law)? Ohio
Not really sure which thread to post this on...but my charge is under traffic/criminal.

Question: is it still considered a violation of "open container" if the can of beer that I had was empty? (I showed the officer that it was empty and only a few drops came out)

I consumed the beer at a friends house...was sitting on the front porch. finished the beer but was just talking to other people. A few of my friends were going to walk a few houses down the street to another friends house and told me to come along. Rather than going inside and throwing the can away, I just caught up to them and walked on the sidewalk.
At that moment an officer pulled up and gave me a ticket for open container...even though it was empty.
He was nasty. He even tried to charge my friends, who had open containers of red bull....telling them that he thinks there is alcohol in them. My friends offered their cans and told him to see for himself. He backed down.

So, already went to arraignment and plead not guilty. Going to court on Tuesday without an attorney.
I was hoping I could just tell the judge the truth and it should be alright. Am I fooling myself?
(this is a college town...and they make ALOT of money off the college kids)

 

[Zigner]

What is the name of your state (only U.S. law)? Ohio
Not really sure which thread to post this on...but my charge is under traffic/criminal.

Question: is it still considered a violation of "open container" if the can of beer that I had was empty? (I showed the officer that it was empty and only a few drops came out)

I consumed the beer at a friends house...was sitting on the front porch. finished the beer but was just talking to other people. A few of my friends were going to walk a few houses down the street to another friends house and told me to come along. Rather than going inside and throwing the can away, I just caught up to them and walked on the sidewalk.
At that moment an officer pulled up and gave me a ticket for open container...even though it was empty.
He was nasty. He even tried to charge my friends, who had open containers of red bull....telling them that he thinks there is alcohol in them. My friends offered their cans and told him to see for himself. He backed down.

So, already went to arraignment and plead not guilty. Going to court on Tuesday without an attorney.
I was hoping I could just tell the judge the truth and it should be alright. Am I fooling myself?
(this is a college town...and they make ALOT of money off the college kids)

Think about it logically...

I can't be both empty and have a few drops in it, can it?

Now, had you rinsed it out thoroughly and were simply carrying it to the local recycling center, you might have a valid argument...

 

[HighwayMan]

Question: is it still considered a violation of "open container" if the can of beer that I had was empty? (I showed the officer that it was empty and only a few drops came out)

That is not empty - there was still some alcoholic beverage left in the can. Is that nit picking? Maybe. But that's how the law is. It certainly shows that there was even more of the beverage in the can in the recent past.

I wouldn't expect too much in court. Keep us updated as to what happens.

 

[LdiJ]

Think about it logically...

I can't be both empty and have a few drops in it, can it?

Now, had you rinsed it out thoroughly and were simply carrying it to the local recycling center, you might have a valid argument...

Ugh Zig...I bet the cop doesn't even show up to court for this one. "Open container" was a SERIOUS stretch.

 

[HighwayMan]

Ugh Zig...I bet the cop doesn't even show up to court for this one. "Open container" was a SERIOUS stretch.

Not really - depends on the court. Alcoholic beverage is alcoholic beverage, despite the amount.

The officer may not need to show up in court. The ticket or other accusatory instrument may be all that's necessary for a minor violation.

 

[Ohiogal]

Ugh Zig...I bet the cop doesn't even show up to court for this one. "Open container" was a SERIOUS stretch.

Bull. OPen container was the law that was being broken. Stepping on to a public sidewalk in Ohio with an open container of beer (be it empty or full) is against the law. Don't believe me? Several people were just sentenced YESTERDAY on this very crime IN OHIO. They got time served (having already spent an average of two days in jail) and were told to behave for a year or the rest of their suspended sentence (about 28 days) would be enacted. So don't comment when you do NOT know.

Oh and the police officer was NOT necessary in any of those hearings.

 

[mkathyf]

I could get up to 30 days in jail???? I had no idea!
Where in Ohio were these convictions? My ticket was given to me in Cleveland Heights....court in Shaker Heights. I DO know that anything that seems to be an MM or and M4 in the state of Ohio, tends to be classified as an M1 in Shaker Heights.
Now, I am frightened.
If anyone can tell me what type of misdemeanor I am looking at and what the punishment is, in Shaker Heights, Ohio, I would really appreciate it.

thanks for all the posts.

 

[Ohiogal]

I could get up to 30 days in jail???? I had no idea!
Where in Ohio were these convictions? My ticket was given to me in Cleveland Heights....court in Shaker Heights. I DO know that anything that seems to be an MM or and M4 in the state of Ohio, tends to be classified as an M1 in Shaker Heights.
Now, I am frightened.
If anyone can tell me what type of misdemeanor I am looking at and what the punishment is, in Shaker Heights, Ohio, I would really appreciate it.

thanks for all the posts.

It is an M4. Shaker Heights cannot change the classification of a MM or M4 to an M1. That would be an appeal due to reversible error. You are looking at up to 30 days in jail. Also a fine of $500 I do believe.

 

[mkathyf]

can't find statute

my pretrial is tomorrow morning.
The statute for open container that is listed on the court docket is : 612.07 (Shaker Heights, Ohio court)...the ticket was in Cleveland Heights.

However, I can't find that statute anywhere, except under Loundonville ordinances.
The only open container ordinance I can find for Shaker Heights or Cleveland Heights is 529.07.

Can anyone help me find statute 612.07 in Shaker Heights or Cleveland Heights, Ohio? I am trying to find out if they list it has an MM or M1 -4. I am trying to find out what the penalty is, in that jurisdiction.

 

[Ohiogal]

my pretrial is tomorrow morning.
The statute for open container that is listed on the court docket is : 612.07 (Shaker Heights, Ohio court)...the ticket was in Cleveland Heights.

However, I can't find that statute anywhere, except under Loundonville ordinances.
The only open container ordinance I can find for Shaker Heights or Cleveland Heights is 529.07.

Can anyone help me find statute 612.07 in Shaker Heights or Cleveland Heights, Ohio? I am trying to find out if they list it has an MM or M1 -4. I am trying to find out what the penalty is, in that jurisdiction.

It appears to be a MM per the municipal code for Shaker Heights. However you would be under Cleveland Heights.

 

[mkathyf]

My mistake....the ticket was issued under University Heights. That's an M4?
I don't understand why the same violation is an MM in Shaker Heights, Beachwood, Cleveland Heights and South Euclid....all a stones throw from each other...but University Heights (because of the college) makes it an M4 and more damaging to a persons record.

 

[disneykid52]

Think about it logically...

I can't be both empty and have a few drops in it, can it?

Now, had you rinsed it out thoroughly and were simply carrying it to the local recycling center, you might have a valid argument...

like you really rinse out cans and or bottles? is there a law that says you must before returning them to the recyle center? NOT!!!

 

[HighwayMan]

like you really rinse out cans and or bottles? is there a law that says you must before returning them to the recyle center? NOT!!!

In many places there absolutely is, so don't be so smug.

For example, in New York City you can be issued a $100 violation for placing unclean recyclables out for collection.

 

[mkathyf]

Ok...I just returned from court. (sat there for 1 1/2 hours before I could even talk with the prosecutor.

Before I get to what he told me, I have to ask for anyones help. My ticket was from University Heights, Ohio; statute 612.07. I looked that statute up and it shows as being an M4 (max. 30 days jail/$500 fine)
However, the prosecutor told me that it is an M2!!!! Why would he tell me that?

So, his information made me hesitant on how to proceed:

Here is what he told me:
1) I can wait a few weeks to see if I qualify for the "first offenders" program...If so, do that and have it dismissed after a year of good behavior.

2) plead "no contest" and probably just get a fine. Can be expunged after 1 year.

3) keep my "not guilty" plea and see where it leads.

any suggestions?

 

[Zigner]

like you really rinse out cans and or bottles? is there a law that says you must before returning them to the recyle center? NOT!!!

Go back and read it again. The POINT is that, if it wasn't rinsed out and still had a few drops of alcohol in it, then it wasn't empty (of alcohol.)

Please do try to keep up