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  1. #1
    Join Date
    May 2014
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    1

    Default Underage Possession/Consumption in Ohio

    My question involves criminal law for the state of: OH

    I am an 18 year old college student from Ohio. This past weekend a couple of friends and I were camping, and also casually drinking a few beers. At night two officers came upon us while some of us were already asleep and no one was currently drinking. They saw the beer, and when all admitted to not being 21 they issued each of us a citation for Underage Possession and/or Consumtion (ORC 4301.69). At the time I told the officer I was not drinking, and he did not issue any sobriety tests, but told me he was writing the citation because my breath smelled like alcohol. I just want to know what my best plan of action is.

    1. Should I plead guilty? If so what are the consequences? Is there any way to get this off of my record? I have never been charged with a crime, but 2 years ago I was cited for a loud muffler (this came up when the cop called in my info) and I am afraid that counts as a previous violation and will take the possibility of diversion off the table.

    2.) Should I try to fight this? Do I have any sort of case because I said I wasn't drinking?

    3.) I also did not sign the ticket. I told the officer I didn't think I should be cited, so I declined to sign, and he told me that would be noted, but did not explain that signing was not an admission of guilt. As long as I show up in court does that make any difference?

    Thanks

  2. #2
    Join Date
    Sep 2005
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    Behind a Desk
    Posts
    98,846

    Default Re: Underage Possession/Consumption in Ohio

    You should consult a lawyer to see what sort of disposition you might be able to obtain, other than a conviction. If this is your first offense, you would want to see if you can get diversion, thereby avoiding a conviction.

    The penalties for alcohol offenses involving minors are summarized here. "Offenders under 21 may be fined up to $1,000 and/or no more than 180 days imprisonment. Offenders may enter into a Diversion program on a first offense. Additional penalties including license suspension, if violation occurred in a motor vehicle, are possible."

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