Legal Question in DUI Law in Ohio

Probation and getting caught for something you didn't do

My friend and I picked up a friend who had been drinking (we are in college)one night. I was pulled over for a headlight being out and the officer said he smelled alcohol in the car.To make a long story short the sober passenger said he was drinking earlier in the day (untrue)and then the drunk girl fessed up.They both got underage misdemeanors but no breathalyzers.The sober passenger who stupidly tried to take the rap is on probation and both must appear in court next week.Is there any way that he can explain he was trying to help to the court and to his probation officer? Is there any way to prove he was not drinking?


Asked on 12/22/02, 3:28 pm

1 Answer from Attorneys

Aaron Miller Robert Aaron Miller Co., L.P.A.

Re: Probation and getting caught for something you didn't do

I assume that your friend entered a plea to the charge. Talking to a probation officer will not help much after the fact. A court is only concerned about and speaks through its written findings and orders. An option may be to file a motion to withdraw the plea.

Hope this helps. Happy Holidays.

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Answered on 12/23/02, 2:26 pm


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