open container in Ohio

[Ohiogal]

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?

I don't know why he would tell you that but University heights Municipal code is as follows:
http://www.amlegal.com/nxt/gateway.dll/Ohio/university_heights_oh/codifiedordinancesofthecityofuniversityh?f=templates$fn=default.htm$3.0$vid=amlegal:universityhts_oh


And it is per 612.07(f):

(f) Whoever violates this section is guilty of a misdemeanor of the fourth degree.

(1982 Code, §529.07) (Ord. 2002-33. Passed 6-3-2002.)

You violated 607.12(b)(3).

 

[mkathyf]

OK...have done some more investigating, after being told by the prosecutor that my charge was an M2 and not an M4!

I called the police department of University Heights (where the ticket is from), and was told the books were updated in 2011 and that it is now an MM..but was told to also check with the clerk of council at city hall, for any current updates. When I did, I was told it was (from 2002) and M4.
OK...so, then I checked with the Shaker Heights court. They pulled the case number and I was told it is an M4.
So...why would the prosecutor tell me that it was an M2? Is it a ploy on his part to get me to choose the "first offenders" program, so they can make more money off me?
I don't understand why a prosecutor would do this...give such false information!!!

 

[mkathyf]

final outcome- need to vent (sorry)

I have just returned from court, with my son, who had a charge of "open container" in University Heights, Ohio.
To refresh: 2 weeks ago when we went to court, the prosecutor (not an intern), threw us a curve by correcting me that the charge was not an M4, but and M2. I questioned him on this and he insisted it was an M2.
After double checking my sources...and calling University Heights as well as Shaker Heights, I was assured it was an M4 in University Heights (University Heights is consistent with having a higher misdemeanor charge than surrounding municipalities as well as higher than the state of Ohio).
So, 2 weeks ago the prosecutor said to try for first offender program. Said, we will need the 2 weeks to search your records to be sure you apply. I even tried to get him to reduce it to an MM....no way!

Fast forward to today: The prosecutor said "you qualify for first offenders". I was surprised, because he DID have a prior in that court....for walking home alone from the bars. That same prosecutor lowered that to an MM.
I questioned him about him telling us it was an M2 instead of an M4. He asked, where did you get your information? I told him. Then, he nervously said, "yea, it's an M4" (what the heck????)
Anyway, after an hour, he told us the process....meet with probation officer..... $225 and probably no community service (since there was only a few drops in the can and he was not drunk)
I still tried to get him to reduce it to an MM....siting the prior**************.but he said some circumstances allow him to do that "but there is nothing here that warrants or would allow me to do so". then, he smiled at me and told me that I was a good advocate. I told him that I just believe in fairness...that a person with a few drops of beer and not drinking the beer, should not be punished in the same manner as someone walking along the street drinking a beer and possibly intoxicated.
Anyway, while waiting another 1/2 hour, I spoke to the probation officer who told me it the FO program would cost $580 + 50 hours of community service! I couldn't have been more surprised or angry.

Then...the prosecutor comes walking towards my son and me...I immediately said, "I was just told that my son WILL have to do community service....50 hours...that it is "required". His reply: "well, he won't be doing that because he doesn't qualify for FO program!" That the clerk just caught that he had a prior.
I looked at him and told him that "I reminded you that he had a prior...with YOU." Then my son asked "I thought that is what this past 2 weeks waiting was about, to check my history" He said, we missed it. I then said, "I can go to YOUR website right now and show you in 5 seconds that he has a prior. You have wasted my time!"
He then got a bit aggressive and said "I am reducing it to an MM".

OK************** It is an obvious game. Just 1/2 hour prior to that there was "no way" he could reduce it.
I ask.... how are we to teach our children to respect the law and the process, when so much of this sort of thing is going on?
I mean, while I was sitting there, I saw the assistant to the prosecutor pull one person after another out and tell them "if you plead no contest, we will ignore your license suspension and put that your license was not available and reduce to MM "...or if you plead no contest, we will take this and that away and reduce to MM, and change your charge. These were all people who probably could not afford to pay hefty fines. But, what happens with us? The prosecutor, the parole officer, each had to ask and confirm where my son went to school....his school "suggests" there is money.
I am so discouraged with the whole process.

Thanks for reading**************I had to vent!