Marijuana Paraphernalia and Possession Charges After a Traffic Stop

My question involves criminal law for the state of: Ohio, specifically the village of Waynesville.

I have a situation similar to the one in this thread. http://www.expertlaw.com/forums/show...t=44713&page=2

I was driving home from my long time friends house one night, and hadn't smoked all day. I saw the Waynesville cop in the median of a 4 lane highway, and he started to pull out and then stopped when he saw me coming, but from my perspective, he was too close to the line to try and enter the turn lane in the gap of the marked solid white line, so i had to cross over it right after the gap, and he pulled behind me and waited for me to turn left, then turned on his lights and stopped me. He asked for my License and proof of insurance, but at the time I did not have proof of insurance as my wallet had been stolen recently, and i had switched to my mother's insurance plan, and she never gave me a copy of the card, and it just never crossed my mind to ask her for one. So i told the officer that had stopped me that my wallet had been stolen and i didn't have proof of insurance. He returned from his cruiser and looked at me and asked where the dope was, and that he smelled MJ, and it was probable cause to search the vehicle. So me being in shock from him asking about the dope (because I hadn't smoked all day and i didn't think it smelled like MJ at all) so i said I didn't know where it was, but i did, i was just scared (this is my first criminal offense of ANY kind, I'm over 18) so I then reached behind me in my backpack and grabbed the baggy with 1g in it. He asked if i had anything else and I said nothing other than my backpack. He told my to stand by the cruiser and he searched the vehicle and found my first two grinders, my scale and my one hitter (scale was used for making sure i was not getting ripped off.)

His partner asked me what i had been doing and i told him that i was visiting my friends, which i had been. So he then gave me a citation for the possesion (OH ORD 138.03) , the traffic stop (marked lane violation), and the marijuana paraphernalia (OH ORD 138.13). He confiscated everything he found.

I talked to my mother about the insurance and she told me she had to stop paying for me because it was costing too much. I purchased my own insurance shortly after.

I am extremely worried about what my parents will say, and I'm worried about who to talk to about it. Then i found the other thread, and decided to post my own. I know I'm guilty, and I've since stopped smoking, and picked up a new job (to help with inevitable fees I learned through research.) I know I made a mistake, and I really would like to know what my best option is.:wallbang: I know from research drug related charges in Ohio are mandatory 6 month license suspension. I live in a nearby city, and i visit my friends in waynesville quite often, as i wish i would've never had to move away from my friends there while i was in school.

Whether you had your insurance card or not is neither here nor there if you weren't charged for that violation. I don't understand your description of events prior to the stop, but if you are saying the fact that he was partially in the road as a reason you dodged out of the lane, you might be able to challenge the reason for the stop.

You should consult a lawyer.

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(because I hadn't smoked all day and i didn't think it smelled like MJ at all)

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it takes more than a day for the odor to dissipate from your car.

and since you do smoke dope, you have a difficulty detecting the odor.

as to the basis of the stop; what did the cop give you for a reason, if he did in fact give one? If I understand your post correctly, I don't see anything you did as improper.

He told me it was a marked lane violation, because i had crossed the solid white line. And I did smoke, not anymore. I didn't "dodge" i merely merged into the turn lane late because I was giving him room, because I fully believed he was pulling out. I used my signal, just merged into the turn lane late. From my memory, his front end was over the white line on the shoulder, so I was exercising caution. I don't necessarily want to fight it, because wouldn't that just make me seem guilty? I really don't know if I can afford a lawyer. I'm scared if there's a possibility of jail time. I found this (for NYC) but it has some information that might be useful i think.

http://law.stackexchange.com/questio...der-to-ma/1349

The answer to the question states that crossing a single white line is not illegal, and if so is the case in ohio, can the traffic stop be illegal, and should I try and fight it?

are you talking about a white line that separates a left turn lane from the adjacent straight through lane? I have to check but unless you folks in Ohio have some unusual laws, there is nothing illegal about crossing a single white line as you describe.

now, if there was a gore (a wider area composed of white lines outlining it with some white lines across the outlined area) , that may be different (have to check on that if that is the case) but I find nothing making crossing the white line as I understand your actions as illegal.

this is speaking to the white line along the side of the road and even crossing it itself is generally not considered illegal. It is dealing with reasonable suspicion to stop a vehicle where OVI is suspected:


http://www.ohioattorneygeneral.gov/M...29-The-Cases-o

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These four cases highlight four different courts’ views. Each came to the same conclusion on the law: The car MUST cross the line for a reason other than safety to be a proper marked lane violation. What that means: If a car merely drives on the line, near the line, or crosses over the line safely, there is no violation. What you are looking for is evidence that the driver is distracted, impaired, or driving recklessly. That could be weaving repeatedly over the line, crossing the center line when there is no one to pass, or driving way over the fog line. This is important because if you don’t pull someone over correctly, the remainder of the criminal actions may be thrown out. In half of these cases, the courts said the officers didn’t have enough cause to pull the drivers over. So in those two cases, drunk drivers may have gotten off. Remember, small mistakes can lead to huge consequences.

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in fact, here is an excerpt of one of the cases discussed where the driver drove on the white line for about 3 seconds. The court had this to say:

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For example, movement can be made to avoid debris or to initiate a safe lane change.

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a white line dividing two lanes of traffic is just that, a marked division. You are allowed to cross it, legally.

Yes that's line I'm talking about. I was in the lane on the right (slow lane), turned on my signal, turned into the left lane (fast lane), waited, a few seconds, passed the cop and then turned into the left hand turn lane past the opening with my signal still on, I never turned it off. I was in no way driving recklessly, I used my signal and everything, I only turned in late. There was a gore, but I crossed beforehand, and was traveling the speed limit. I looked up the marked lane violation code when I had first received the citation and never saw anything about crossing a single white line. I'll be calling a lawyer.

What was the code section on the "marked lane violation"?

Ohio Ord Code 72.10

Okay, this is a Waynesville code:

72.10 RULES FOR DRIVING IN MARKED LANES.
(A) Whenever any roadway has been divided into two or more clearly marked lanes for traffic, or wherever within the municipality traffic is lawfully moving in two or more substantially continuous lines in the same direction, the following rules apply:
(1) A vehicle shall be driven, as nearly as is practicable, entirely within a single lane or line of traffic and shall not be moved from the lane or line until the driver has first ascertained that the movement can be made with safety.
(2) Upon a roadway which is divided into three lanes and provides for the two-way movement of traffic, a vehicle shall not be driven in the center lane, except when overtaking and passing another vehicle where the roadway is clearly visible and the center lane is clear of traffic within a safe distance, or when preparing for a left turn, or where the center lane is at the time allocated exclusively to traffic moving in the direction the vehicle is proceeding, and is posted with signs to give notice of such allocation.
(3) Official signs may be erected directing specified traffic to use a designated lane or designating those lanes to be used by traffic moving in a particular direction, regardless of the center of the roadway, or restricting the use of a particular lane to only buses during certain hours or during all hours, and drivers of vehicles shall obey the directions of such signs.
(4) Official traffic-control devices may be installed prohibiting the changing of lanes on sections of roadway, and drivers of vehicles shall obey the directions of every such device.
(B) Except as otherwise provided in this division, whoever violates this section is guilty of a minor misdemeanor. If, within one year of the offense, the offender previously has been convicted of or pleaded guilty to one predicate motor vehicle or traffic offense, whoever violates this section is guilty of a misdemeanor of the fourth degree. If, within one year of the offense, the offender previously has been convicted of two or more predicate motor vehicle or traffic offenses, whoever violates this section is guilty of a misdemeanor of the third degree.
(R.C. § 4511.33) (`82 Code, § 432.08) Penalty, see § 70.99

It appears that you might have been accused of violating subsection (A)(1) ... it depends on the details.

You may have to see if you can seek the officer's notes in discovery before you decide to challenge the cite. What the officer observed (and, perhaps, recorded) may not be the same thing as you recall.

There were no other cars on the road at the time so the safety of it shouldn't be an issue though...the whole reason I turned in late was because of safety. How would I go about requesting the officers notes in discovery?