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  1. #1
    Join Date
    Jul 2009
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    14

    Default Possession of Beer in a State Park

    My question involves criminal law for the state of: Ohio
    I had two beers with me while fishing at a state park. The trooper gave me a ticket with the following charge , 1501:41-3-22 Intoxicating Beverages .

    He explained to me that this was a minor misdemeanor , like a traffic ticket, and that if i plead guilty i don't have to show up to court. I could just pay the fine.

    I went to court and they said this was a misdemeanor three charge and they would not accept payment and that I have to show up in court.

    I can't find any proof either way. Can anyone show me any proof so that when i go to court I can show this charge is a minor misdemeanor or am I really in trouble for two beers?

    Thanks in advance, Exin.

  2. #2
    Join Date
    Jul 2009
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    14

    Default Re: 1501:41-3-22 Intoxicating Beverages Ohio

    I just went to the court today to ask for a continuance on my trial date and I found out the trooper hasn't even filed the ticket yet. Is there a deadline for him to file because the lady said technically if he doesn't file I don't have a case...?

  3. #3
    Join Date
    Aug 2007
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    3,835

    Default Re: 1501:41-3-22 Intoxicating Beverages Ohio

    Quote Quoting exinferous
    View Post
    My question involves criminal law for the state of: Ohio
    I had two beers with me while fishing at a state park. The trooper gave me a ticket with the following charge , 1501:41-3-22 Intoxicating Beverages .

    He explained to me that this was a minor misdemeanor , like a traffic ticket, and that if i plead guilty i don't have to show up to court. I could just pay the fine.

    I went to court and they said this was a misdemeanor three charge and they would not accept payment and that I have to show up in court.

    I can't find any proof either way. Can anyone show me any proof so that when i go to court I can show this charge is a minor misdemeanor or am I really in trouble for two beers?

    Thanks in advance, Exin.

    From the numerical citation, I knew, as I live in Ohio also, it was from the Ohio Administrative Code, here it is:


    http://codes.ohio.gov/oac/1501%3A41-3-22

    Since it was cited under state law, state penalty prevails. In other words, it was not cited under a municipal ordinance, which can elevate it.

    Open container law:

    http://codes.ohio.gov/orc/4301.62


    Penalty:

    (A) Whoever violates section 4301.47, 4301.48, 4301.49, 4301.62, or 4301.70 or division (C) of section 4301.65 or division (B) of section 4301.691 of the Revised Code is guilty of a minor misdemeanor.



    http://codes.ohio.gov/orc/4301.99

    All indications are it is a MINOR misdemeanor. Are there any other number (s) on the citation?

    This web page is not up to date, but it has Ohio listed on two seperate entries, one being MAX fine 51-100. This is before the max went up to 150 several years ago.

    The other being:

    $ 201 - $ 300
    OhioC

    footnote C is a consumption charge.

    http://www.cga.ct.gov/2008/rpt/2008-R-0128.htm


    IF the court clerk said it was an M-3, it would HAVE to be more than 1 charge, meaning more than a simple open container.

    This needs to be clarified somehow. If it is a charge above an MM, you are entitled to a Jury trial, and, if you can not afford an attorney, a paid public defender.

    A visit to a library, not necessarily a law library, but any main public library branch should have the OAC, and a look at the section cited with the case law after it may shed some light?

    I just went to the court today to ask for a continuance on my trial date and I found out the trooper hasn't even filed the ticket yet. Is there a deadline for him to file because the lady said technically if he doesn't file I don't have a case...?

    Although, facially, there is no "exact" deadline, unless the case law is looked at, the Rules of criminal procedure have the answer:

    Rule 4.1:

    (D) Duty of law enforcement officer. A law enforcement officer who issues a
    citation shall complete and sign the citation form, serve a copy of the completed form upon the defendant and, without unnecessary delay, swear to and file the original with the court.

    http://www.supremecourt.ohio.gov/Leg...lProcedure.pdf

    "Unnecessary delay", as I stated, unless the case law is looked at, would indicate "within 2-3 days"??

  4. #4
    Join Date
    Jul 2009
    Posts
    14

    Default Re: 1501:41-3-22 Intoxicating Beverages Ohio

    Thank you for your prompt and detailed reply. There are no other codes and I have no prior record of anything aside from speeding tickets. The cashier at the court (Yes I knowit doesn't count as legal advice) said she wouldn't accept payment because the trooper wrote M3 at the bottom? Other than the cashier who won't accept payment, which is the important part I guess.

    All legal advice I have sought has told me this is a minor misdemeanor.

  5. #5
    Join Date
    Aug 2007
    Posts
    3,835

    Default Re: 1501:41-3-22 Intoxicating Beverages Ohio

    Quote Quoting exinferous
    View Post
    Thank you for your prompt and detailed reply. There are no other codes and I have no prior record of anything aside from speeding tickets. The cashier at the court (Yes I knowit doesn't count as legal advice) said she wouldn't accept payment because the trooper wrote M3 at the bottom? Other than the cashier who won't accept payment, which is the important part I guess.

    All legal advice I have sought has told me this is a minor misdemeanor.

    If you intend to plead guilty and waive trial, go back to court and ask to speak to the Clerk him or her self or a supervisor.

    I was trying to come up with some type of theory of why she said it was an M-3?

    Note: Thier job is to see what the fine is under the fine shcedule for the charge and apply it, if waivable, NOT tell you what classification of the crime is.

    A MM must be brought to trial within 30 days. If you are not tried in that time frame, you are free.

    (A) Subject to division (D) of this section, a person against whom a charge is pending in a court not of record, or against whom a charge of minor misdemeanor is pending in a court of record, shall be brought to trial within thirty days after the person’s arrest or the service of summons.


    http://codes.ohio.gov/orc/2945.71

    You have several legal options.

    1. Consult an attorney. If you wish to plead guilty though, that is your choice.

    2. Clarify the charge with the court.

    3. Don't clarify it. If you are not brought to trial within 30 days (time computation wise), you can seek a dismissal.

    p.s. you are welcome!

  6. #6
    Join Date
    Jul 2009
    Posts
    14

    Default Re: 1501:41-3-22 Intoxicating Beverages Ohio

    Hey just wanted to give you an update. After I had to teach them how to do their job, I showed them the code and printed out what it stood for and where to pull it up and where it was referenced the cashier was like " Oh, Okay." A-hole. I don't understand how they couldn't punch in the code themselves and know what it was. Ridiculous. Anyway thnks for all the help.

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