Legal Question in DUI Law in Ohio

Empty beer bottles in van

Kids make you crazy sometimes. My 18 year old was cited for minor in possession (Ohio RC 4301.69). This was in Summit County in Ohio. He says that there were beer bottles in his car that his friend was hiding from his parents, but that they were empty. The police officer gave my son field sobriety tests that he passed.

Do you think that I should tell him to plead guilty to this and go through diversion or should he plead not guilty since there was no beer in the bottles?

Thanks for any advice you may have.

Asked on 3/01/06, 4:52 pm

2 Answers from Attorneys

Joseph Jacobs Jacobs & Lowder

Re: Empty beer bottles in van

Diversion or trial... NOT GUILTY PLEA. Do not plead guilty.

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Answered on 3/02/06, 10:07 am
David Drew David P. Drew, Esq.

Re: Empty beer bottles in van

Under Ohio law, the State must prove that the container had an alcoholic beverage in it. If the container was empty, then the State would not be able to prove your son's guilt. I would recommend pleading not guilty and going to trial. If you need additional info. please call my office.

David P. Drew

Attorney at Law

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Answered on 3/02/06, 3:38 pm

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