Q: i have been cited in ohio for 4301.62B4. Is this a minor misdemeanor or M4. Any jail time possible?
I have researched on internet with conflicting results. Some have answered that it is a minor misdemeanor punishable by up to a $150 fine. Other results I have found list this code as consumption in a vehicle and punishable by $250 and up to 30 days in jail. Can judge interpet this violation as either open container or consumption and levy the heavier penalty or is 4301.62B4 strictly an open container in vehicle charge punishable by the $150 fine. I may have to find reprentation if I have the possibility of incarceration.
A: If you have given the correct code section, the violation is a minor misdemeanor punishable by a $150 fine. http://codes.ohio.gov/orc/4301.99 Section 4301.99 is the penalty provision for the chapter. Sub-section (A) indicates violations of 4301.62 are minor misdemeanors. If you were charged under an analogous municipal ordinance, the violation my be a higher level offense.
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