First Time Paraphernalia Charge in Ohio

I was issued a citation for Paraphernalia in Ohio, and I live in Maryland. I'm assuming that the alleged paraphernalia in question will test positive for marijuana residue. I did not admit to anything -- didn't even comment on it, neither was I asked any questions. A subsequent search of my vehicle found no contraband of any sort.

It says on the citation, and all of the correspondence I've received from the court, that I am being charged under 2925.14(c)(1): No person shall knowingly use, or possess with purpose to use, drug paraphernalia.

Is this in any way relevant, and does it in any way structure the charge against me to be narrowly issued under that subsection? Essentially, what I'm asking is whether it's a defensible claim that, 'absent possession with purpose to use', merely having this alleged paraphernalia in my possession is not evidence of guilt?

Also, is there a procedure for obtaining the notes of the issuing officer?

I'd appreciate any help.

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Essentially, what I'm asking is whether it's a defensible claim that, 'absent possession with purpose to use', merely having this alleged paraphernalia in my possession is not evidence of guilt?

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In Ohio? I see you're not familiar with the well deserved hardass reputations of our cops and judges.

They are not interested in any arguments you might try to make to get out of being busted fair and square with...what? A bong? A bowl? A roach clip? Whichever it is, they don't want to hear it. You're looking at maximums of 30 days in jail and/or $750 in fines.

If you've got an otherwise clean record, you may be eligible for conditional release and probation. Consult an attorney to help you out with that.

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Quoting atavist

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I
Is this in any way relevant, and does it in any way structure the charge against me to be narrowly issued under that subsection? Essentially, what I'm asking is whether it's a defensible claim that, 'absent possession with purpose to use', merely having this alleged paraphernalia in my possession is not evidence of guilt?

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The rebuttable presumption IS, possession indicates former, current or future use, as one does not simply carry such items for a novelty.

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Quoting atavist

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I was issued a citation for Paraphernalia in Ohio, and I live in Maryland. I'm assuming that the alleged paraphernalia in question will test positive for marijuana residue. I did not admit to anything -- didn't even comment on it, neither was I asked any questions. A subsequent search of my vehicle found no contraband of any sort.

It says on the citation, and all of the correspondence I've received from the court, that I am being charged under 2925.14(c)(1): No person shall knowingly use, or possess with purpose to use, drug paraphernalia.

Is this in any way relevant, and does it in any way structure the charge against me to be narrowly issued under that subsection? Essentially, what I'm asking is whether it's a defensible claim that, 'absent possession with purpose to use', merely having this alleged paraphernalia in my possession is not evidence of guilt?

Also, is there a procedure for obtaining the notes of the issuing officer?

I'd appreciate any help.

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You presume it will? Have you smoked drugs out of it or not? If you've used in the past and there's residue in it, then it's indeed paraphernalia. I doubt you'll be able to successfully argue that while in Europe you used it there but have no intention of doing so here. It's just a souvenir you're totin' around for the memories.

Yes, it's the called the discovery process. Your lawyer can obtain all the relevant paperwork needed for you to defend yourself even if you later choose to plead guilty.

atavist, the possible money fine is a maximum of $250.00.

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Quoting ashman165

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You presume it will? Have you smoked drugs out of it or not?

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No, I have not.

I haven't smoked pot since I started teaching five years ago. I was visiting my parents at the end of the summer, and pocketed my sisters pipe so my mother wouldn't see it. I didn't give it back to her because I didn't want her smoking any more while at the farm, and when I undressed at the end of that day, forgot it was in that pocket.

On my way back home, I ran out of gas, trying to make it to a station that my speedpass works at. Spilled gas on my pant leg, changed into that pair of pants in the car, and drove a mile or so down the road before realizing what was in my pocket. Pulled over, took it out, and was trying to figure out what to do with it when there was a knock on my window.

This sounds like a lame excuse, I know. If I were lying, I could come up with something better. But I don't smoke marijuana, have not gone near it since I began teaching, and CERTAINLY had no intent to do so on the side of the road.