Legal Question in Criminal Law in Ohio

Under the influence charge

My son was expelled from school for being under the influence of opiates. That charge was submitted by the school officer. He said his pupils looked small & he appeared tired. He did not perform any tests to confirm his suspicion. Would this charge be binding in the courts? Are their specific laws to protect people from something like this? I had a substance abuse counselor test my son 70 hours after the charge was made & he tested negative to opiates. I hope you can help!!!!!!!!!!

Asked on 2/27/08, 8:56 am

1 Answer from Attorneys

Richard Cline Office of the Ohio Public Defender

Re: Under the influence charge

This data would not be sufficient to support a criminal charge. There are lots of reasons why someone's pupils would be constricted and why they would appear tired.

The negative test is of limited value, because opiates are excreted from the body rather quickly. Even if your child had used opiates, a negative test 70 hours later would not be uncommon.

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Answered on 2/27/08, 9:20 am

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