Underage Possession of Alcohol in Ohio
Posted By
Zach Mayo on Dec 7, 2011 10:39am PST
Question:
I was stopped for carelessly speeding 7mph over on the freeway. I idiotically had a bottle of liquor that was half gone from last night at a friends house (which I did not drink) sitting on the passenger side which I did not think much about at the time (yes very stupid). I was not drinking nor under the influence at the time since I was going to a Thanksgiving luncheon. The policeman did not breathalyze me or arrest me but gave me a citation for Minor in Possession and the court date then let me go. Today, I went to court, and was told that I was being charged for "Consumption of an alcoholic beverage under the age in an motor vehicle" which could be punishable by jail and a large fine.
This is my first offense ever. I'd like to know if the public defender(attorney) can help.
Answer:
The charge you are facing is a First Degree Misdemeanor. In Ohio, this is punishable by up to a $1,000 fine and up to 180 days in jail. Since jail time is possible, you would be eligible for a public defender. However, you have to request one and fill out an affidavit of indigency with the court.
The public defender should at least be able to negotiate with the prosecutor on your behalf and protect your Constitutional rights. Make sure you ask for a court appointed attorney and schedule time to discuss your case with them.