Question of legal wording

Ross · 03-24-2002, 06:27 AM

Norml states about Ohio law, "For all drug convictions, the offender's driver's license is also suspended for a period of 6 months - 5 years. Professional licenses are also suspended."

It also says that possession of less than 100g is a civil citation. Does a civil citation count as a conviction?

**dedbr** · 03-24-2002, 06:30 AM

Bailey1138 · 03-24-2002, 06:48 AM

I pleaded guilty to one count of drug abuse in the city of marion. Normally, this would carry with it the 6th month license suspension. For whatever reason, there's a city code in marion that doesn't suspend your license. So what does that mean? If you get arrested for possession within the city limits, you don't lose your license. If you get arrested outside of that though......

fortunately, my lawyer was able to find a way around that, and I was able to keep my license. Basically, he didn't mention to the judge where it happened, and the judge didn't ask.

I don't know if that helps, but that's what happened to me in ohio last april.

Niteshift · 03-24-2002, 07:05 AM

I'd normally defer to your knowledge of Ohio law dedbr, but in this case, a civil "conviction" does not equal a criminal record.

Civil and criminal are entirely different things. The general rule of thumb is that if you CAN'T go to jail for it, it's civil. If you CAN, it's criminal.

For example, in my state, possession of tobacco under 18 years old is a civil infraction. You can get a fine, but you can't be put in jail. Likewise with speeding. But driving with a license that has been expired over 6 months is criminal and you can be put in jail for it.

So, if you get a speeding ticket and lose it in court, you get "convicted" of speeding, but you don't have a criminal record.

Am I explaining this clearly enough?

The suspensions of licenses etc. are administrative procedures. So they too do not count as criminal convictions.

The bottom line is that if you get a civil citation and pay the fine, you can still say, in all honesty, that you have not been convicted of a crime, since it wasn't a crime, but a civil infraction.

Bailey,

A lot of cities have their own ordinances that cover the same areas an existing state law does. For example, my state law covers parking in a handicapped space, but we have a county ordinance that also covers it. We use the ordinance more because it allows us to write a ticket and leave it on the car, whereas the state law requires us to wait and get a signature on the ticket from the driver.

Sometimes they're written slightly differently to reflect either the wishes of the city residents or particular situations that the state government didn't think of.

**dedbr** · 03-24-2002, 01:19 PM

is right,of course!Sorry Ross,I was stoned and misread the question.

Also on a side note,in some cases it depends on whether the case is filed with the state or not.In my county,some felony cases that are probationary offenses are never filed with the state,so the mandatory license revocation is waved.
It really depends on the mood of the civil authorities that are involved.

Recently, here in Hamilton county,(Cinncinati),even civil cases are posted on a web site showing peoples names and their offense.Even though civil cases are not supposed to carry a criminal record,this is being touted as a way of showing criminal offense.Every body does it different,and this is certainly a gray area of the law.

mindraver · 03-24-2002, 05:28 PM

here in Texas, driver license suspensions have to be filed with the State. sometimes judges will *look over* this filing part if you have been cooperative, or you have a good lawyer, etc. however, the State can file the suspensions on behalf of the county/city it happend in, but this does not always happen since (at least here in Texas), there are simply too many simple marijuana possession charges to have time to file all of them.

hope that gives a somewhat good explination of how it can (or maybe generally does) work. of course state and local laws can always deferr.

03-24-2002, 06:27 AM	#1
Ross Seasoned Activist Join Date: Oct 2001 Posts: 1,231 Grams: 5,433.95 Thanks: 0 Thanked 1 Time in 1 Post Stock Portfolio Total Value: 0.000 Gain/Loss: 0.000%	Question of legal wording Norml states about Ohio law, "For all drug convictions, the offender's driver's license is also suspended for a period of 6 months - 5 years. Professional licenses are also suspended." It also says that possession of less than 100g is a civil citation. Does a civil citation count as a conviction? __________________ Posting Guidelines

03-24-2002, 06:30 AM	#2
dedbr Domestic War Veteran Join Date: Mar 2001 Posts: 7,502 Grams: 75,005.41 Thanks: 3,034 Thanked 2,736 Times in 1,261 Posts Stock Portfolio Total Value: 0.000 Gain/Loss: 0.000%	Ross... Yes! __________________ Though my soul may set in darkness, It will rise in perfect light. I have loved the stars too fondly, To be fearful of the night." Sarah Williams Our Posting Guidelines (Check 'em Out!.....)

03-24-2002, 06:48 AM	#3
Bailey1138 Senior Member Join Date: Nov 2000 Posts: 1,299 Grams: 2,614.00 Thanks: 0 Thanked 9 Times in 6 Posts Stock Portfolio Total Value: 0.000 Gain/Loss: 0.000%	I pleaded guilty to one count of drug abuse in the city of marion. Normally, this would carry with it the 6th month license suspension. For whatever reason, there's a city code in marion that doesn't suspend your license. So what does that mean? If you get arrested for possession within the city limits, you don't lose your license. If you get arrested outside of that though...... fortunately, my lawyer was able to find a way around that, and I was able to keep my license. Basically, he didn't mention to the judge where it happened, and the judge didn't ask. I don't know if that helps, but that's what happened to me in ohio last april. __________________ "All you do is head straight for the grave, a face just covers a skull awhile. Stretch that skull cover and smile."--Jack Kerouac, Visions of Cody

03-24-2002, 07:05 AM	#4
Niteshift L.E.O. in Good Standing Join Date: Dec 2000 Posts: 6,432 Grams: 5,323.12 Thanks: 0 Thanked 12 Times in 6 Posts Stock Portfolio Total Value: 0.000 Gain/Loss: 0.000%	I'd normally defer to your knowledge of Ohio law dedbr, but in this case, a civil "conviction" does not equal a criminal record. Civil and criminal are entirely different things. The general rule of thumb is that if you CAN'T go to jail for it, it's civil. If you CAN, it's criminal. For example, in my state, possession of tobacco under 18 years old is a civil infraction. You can get a fine, but you can't be put in jail. Likewise with speeding. But driving with a license that has been expired over 6 months is criminal and you can be put in jail for it. So, if you get a speeding ticket and lose it in court, you get "convicted" of speeding, but you don't have a criminal record. Am I explaining this clearly enough? The suspensions of licenses etc. are administrative procedures. So they too do not count as criminal convictions. The bottom line is that if you get a civil citation and pay the fine, you can still say, in all honesty, that you have not been convicted of a crime, since it wasn't a crime, but a civil infraction. Bailey, A lot of cities have their own ordinances that cover the same areas an existing state law does. For example, my state law covers parking in a handicapped space, but we have a county ordinance that also covers it. We use the ordinance more because it allows us to write a ticket and leave it on the car, whereas the state law requires us to wait and get a signature on the ticket from the driver. Sometimes they're written slightly differently to reflect either the wishes of the city residents or particular situations that the state government didn't think of. __________________ A burning desire for social justice is never a substitute for knowing what you're talking about. -Thomas Sowell Sometimes the light at the end of the tunnel is muzzle flash.

03-24-2002, 01:19 PM	#5
dedbr Domestic War Veteran Join Date: Mar 2001 Posts: 7,502 Grams: 75,005.41 Thanks: 3,034 Thanked 2,736 Times in 1,261 Posts Stock Portfolio Total Value: 0.000 Gain/Loss: 0.000%	Shifty... is right,of course!Sorry Ross,I was stoned and misread the question. Also on a side note,in some cases it depends on whether the case is filed with the state or not.In my county,some felony cases that are probationary offenses are never filed with the state,so the mandatory license revocation is waved. It really depends on the mood of the civil authorities that are involved. Recently, here in Hamilton county,(Cinncinati),even civil cases are posted on a web site showing peoples names and their offense.Even though civil cases are not supposed to carry a criminal record,this is being touted as a way of showing criminal offense.Every body does it different,and this is certainly a gray area of the law.

Hot Products:

Orange Krush - Legal Bud

Black Magic Solid Smokes

Vapir One Vaporizer

Currently Active Users Viewing This Thread: 1 (0 members and 1 guests)