Setting Aside An Abuse Of A Controlled Substance Guilty Plea

[kentuckyave3]

My girlfriend and I were with some friends at a pool hall. We were drunk and decided it was time to go. Her friends were going to ride us home because they were sober so we got in the car. Her friends lit up a bowl and were passing it back in fourth. A cop just so happened to be there. Me and my Girlfriend don't smoke pot. But we were so drunk we didn't realize that we were charged with substance abuse till the next morning. We called the number and talked to this clerk. They said we would have to come to court if we wanted to fight it. So i asked her what was the punishment. She said it was a 166 dollar payout ticket. So instead of waisting a day of work and going to an hour away I decided just to pay the ticket. Here a month later i got a letter in the mail saying my liscene were suspended for six months. Is there anyway i can go back and fight this with a lawyer.I can pass a drug test because i dont do drugs. By the way this is in clermont county in Ohio.

[gigirle]

Do you know the exact statue that you were cited for...the number?

[kentuckyave3]

I dont know the number i was charged with but the revised code on the paper they sent to my house was 2925.11

[Happy Trails]

That statute number is for "possession". Possession defined:

(K) “Possess” or “possession” means having control over a thing or substance, but may not be inferred solely from mere access to the thing or substance through ownership or occupation of the premises upon which the thing or substance is found.

2925.11 Possession of controlled substances.

[kentuckyave3]

I was wondering though if i could fight it.

[cdwjava]

I was wondering though if i could fight it.

Pay an attorney and find out.

However, it is kind of hard to appeal the sentence for a crime for which you already plead no contest or "guilty" to. And since you paid the fine, that is effectively pleading guilty or no contest to the charges.

But, you can pay an attorney and see what he has to say about the matter. Maybe your state allows a new trial on buyer's remorse.

- Carl

[BOR]

I was wondering though if i could fight it.

Withdrawal of a guilty plea after sentence is "problematic" under the rules:


RULE 32.1 Withdrawal of Guilty Plea

A motion to withdraw a plea of guilty or no contest may be made only before sentence is imposed; but to correct manifest injustice the court after sentence may set aside the judgment of conviction and permit the defendant to withdraw his or her plea.


The below linked case dicusses the burden you would have in doing so. It is not legally impossible, but....

As Carl points out, see an attorney. Attempting to file a Motion of this magnitude by yourself may be fruitless.




http://www.sconet.state.oh.us/rod/ne...7-ohio-713.pdf