My 16 yr old was recently invited to spend the night with some friends. Come to find out the parent was hosting an underage party. Instead of calling me to come get her, she took her meds for sleep and laid on the couch. When the cops woke her they assumed she "passed out" drunk and she was too scared to argue. Should they have tested her before charging her? When I picked her up I could tell she had not been drinking.
1 Answer from Attorneys
In Ohio there is no requirement that the police offer a test to a defendant charged with being under the influence. However, if you get hold of the police report in there is nothing on there about her smelling like she had been drinking and if she can show a prescription for the medication you're talking about and if there is noone to testify as to seeing her drink Then the prosecutor is going to have a hard time proving the case beyond a reasonable doubt.
Further since she is only 16 she will likely be charged as a juvenile. That means when she turns 18 the charge will be sealed on her record Such the only law enforcement agencies would be able to find it.
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