Possession of Cannabis and Operating a Vehicle Under the Age of Consumption

[alexdowns]

My question involves criminal law for the state of: Ohio

Age 17. College student. Cuyahoga county, OH. I was recently pulled over on a suburban road at 11:15 on a weekend night for allegedly, "swerving". The road was near a heavily wooded area and a dear ran in front of my car, causing me to stop and maneuver around the deer to avoid contact. I was immediately pulled over by an officer following me and I promptly gave the officer my license/insurance. Before even validating my info, the officer asked me to get out of the car and subjected me to a sobriety test. I told the officer I had a sprained ankle so it was difficult to do the walking test (I can barely do it sober). I had had one drink that night of some hard apple cider my friend brewed, which was in the flatbed of my truck. In my state of paranoia I stashed 56 grams of cannabis in my crotch which I didn't tell the officers about when questioned. I complied fully and didn't resist. At the local PD station I was subjected to a breathalyzer where I blew a ).035% BAC, above the legal limit (0.02%) for minors in Ohio. While walking from the breathalyzer some buds fell out of my pants, giving the officers probable cause to a cavity search so I simply admitted to possession. The officers charged me with an OVUAC and posssession (keep in mind I'm a minor). I had my initial court date and got my trial moved back about a month under precedence of discovery (my attorney wanted to see all of the evidence against me before entering a plea). The officers did not charge me with an open container but claim that the possession charge is a felony because I brought it into the station. This seems inaccurate because Ohio's penalty for possession is a minor misdemeanor and only becomes a felony above 200g. What are the chances that I will be charged with an OVUAC and lose my license? I cannot get to school without my car, will the magistrate give me school provisions if it is suspended? Is it likely that I can get a plea bargain to a reckless operation and minor misdemeanor possession, or am I going to get railed and be unable to get to school. I had a 4.3 GPA in highschool and I'm a national AP scholar. My primary concerns are 1: Avoiding a felony, 2: Being able to get to school safely. I really don't care about a misdemeanor, it'll be expunged on my 18th birthday, correct?

[flyingron]

You can still be charged with the alcohol offense.
Never take legal advice from a cop.
It may be until you are 23 that your juvenile offenses can be sealed, it certainly won't be until two years after you finish whatever sentence they give you in some cases.

[tc498]

A reduction can most likely be arranged,17 is considered an adult in most states,sometimes they have youthful offender status and it can seal your record or some other type of diversion. Speak to the lawyer and see what can be worked out,In OH cannabis can be 6 month or year suspension and I'm guessing the alcohol related offense may be an issue as well. Discuss these issues w. your lawyer and see what can be worked out,since it's your 1st offense I think you got a good chance to get the felony reduced at least.

[BOR]

The officers did not charge me with an open container but claim that the possession charge is a felony because I brought it into the station. This seems inaccurate because Ohio's penalty for possession is a minor misdemeanor and only becomes a felony above 200g.

I did not look it up, but do you think conveyance of drugs into a penal institution is a Minor Misdemeanor also??

If you want the felony reduced plead not guilty at arraignment and request a public defender. No doubt they will ask your parents if they can afford an attorney for you.

Ohio only binds over those under 18 to Adult court for certain felonies. I am greatly assuming this is in Juvenile Court.

[alexdowns]

I've already got an attorney if I didn't previously mention that. From what I can tell conveyance of controlled substances only applies to detention centers, juvenile facilities, jails, and prisons. I don't think a police station falls under that category. I am being tried as a juvenile.

[tc498]

I would double check w. lawyer what the sealing process is after the case is resloved. It not hard to strecth it that a police station is somewhere a person can be detained.