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Consequences of Minor Open Container in Ohio

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  • 01-22-2011, 09:03 PM
    DonC.
    Consequences of Minor Open Container in Ohio
    I'm 18 just recently got an open container on the sidewalk. I was at a house party went outside to call my car in so I didn't get a parking ticket and could sleep where I was. Had my beer in a bag with me not opened and one in hand opened. It was stupid I know, I learned from it.

    My question is how much should I expect my fine to be?
    On my citation it says my violation was open container, only. But also says I had 6 intact busch cans on me below in the officers hand writing. So can they charge me with possession when I get there? Or make harsher punishments for that. I also didn't sign anything.
    Also is this considered possession of illegal drugs? Being underage.

    I was also 100% honest with the two policeman and wasn't arrested. I wasn't really intoxicated but I do understand legally I was.


    It's my first offense and have heard so far of almost a 500$ fine aa meetings and community service.
    And another person just getting off with a fine.
    Should I expect the worse?

    Thank you in advance
  • 01-23-2011, 08:27 PM
    Mr. Knowitall
    Re: Consequences of Minor Open Container Ohio
    If you're charged with violating ORC 4301.62, it's a minor misdemeanor. I believe the maximum fine is thus $150, plus court costs and assessments. I suppose that with probation costs, court costs, and the like that could reach the vicinity of $500.

    As you chose not to specify the statute you're charged under, I can't be more specific.
  • 01-23-2011, 08:34 PM
    DonC.
    Re: Consequences of Minor Open Container Ohio
    It says "In violation of chapter 509.07 Section (b) (3)

    I was not in my car or even intending to use it so can I still lose my liscense?
  • 01-23-2011, 08:47 PM
    Mr. Knowitall
    Re: Consequences of Minor Open Container Ohio
    Clearly you're not charged with violating this statute.

    Read this.
  • 01-24-2011, 09:01 AM
    BOR
    Re: Consequences of Minor Open Container Ohio
    Quote:

    Quoting DonC.
    View Post
    It says "In violation of chapter 509.07 Section (b) (3)

    That is a Municipal Ordinance, you have to state the city/villiage, etc.

    It is probably still an MM, but it can be higher under city law.
  • 01-24-2011, 03:40 PM
    DonC.
    Re: Consequences of Minor Open Container Ohio
    South Euclid
  • 01-24-2011, 04:16 PM
    BOR
    Re: Consequences of Minor Open Container Ohio
    Quote:

    Quoting DonC.
    View Post
    It says "In violation of chapter 509.07 Section (b) (3)

    I was not in my car or even intending to use it so can I still lose my liscense?

    That is 529.07, you misquoted the #, so I looked further.

    It is a MM and no DL suspension is permitted.


    (f) Whoever violates this section is guilty of a minor misdemeanor.

    (ORC 4301.99(A)) (this is the corresponding ORC PENALTY)



    As I said though, they could have had a higher classification, but any charge M-4 or over is triable by jury, for an MM, there is NO jury or public defender appointed. If you plead not guilty, you either hire a lawyer or handle the case yourself.
  • 01-24-2011, 04:45 PM
    DonC.
    Re: Consequences of Minor Open Container Ohio
    Ok thanks alot Bor do you have any idea of what might get as far as te fine and possible community service? as I mentioned earlier this is my first offense
  • 01-24-2011, 04:54 PM
    BOR
    Re: Consequences of Minor Open Container Ohio
    Quote:

    Quoting DonC.
    View Post
    Ok thanks alot Bor do you have any idea of what might get as far as te fine and possible community service? as I mentioned earlier this is my first offense

    The MAX is $150.00 fine, NO jail time. There may be court costs added, etc., to the 150, but minimal.

    If you plead guilty you can ask for some type of community service be performed instead of a fine, yes, but since there is NO jail time and a low MAX money fine, don't expect the court to agree.

    You can NOT be required to perform community service upon conviction, not for an MM, except as stated above.
  • 01-25-2011, 08:31 PM
    DonC.
    Re: Consequences of Minor Open Container in Ohio
    Bor thank you for all the help but im also just curious about two more things.

    Like I said the only Violation I got was open container. But in the details under it the officer wrote "Donald was also in possesion of 5 intact beers."

    So my first question is when I go in front of the judge and plead guilty he can't/won't hit me with a MIP and a bunch of other offesnes correct?

    Also since I'm 18 will I be required of any alcohol abuse classes of some sort?

    Thanks a lot
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