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P. Simmons
P. Simmons, Attorney
Category: Traffic Law
Satisfied Customers: 34249
Experience:  12+ yrs. of legal experience.
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My son was sleeping in his car. The police picked him up and

Customer Question

My son was sleeping in his car. The police picked him up and made him go to the ER because they thought he took some pills. They never issued him a ticket. Does that mean he is not being charged?
Submitted: 2 years ago.
Category: Traffic Law
Expert:  P. Simmons replied 2 years ago.
My name is***** have over 16 years experience in the law. Should you like to chat on the phone I am happy to for a nominal cost. Let me know at any time during our question and answer session if you are interested I am happy to give you more details.
The process to convict a person of a violation or a crime requires "due process"
They must give him notice, in writing, of the charges.
So no ticket, so far, is a good thing.
But it does not preclude the state filing charges at some point.
In Ohio, the statute of limitations (the period when the state must file charges) is 2 years for driving while under the influence. So it is certainly possible he could receive notice of the charges in the future, for example by mail.
Bot***** *****ne: the fact he has not yet received a citation or charge does not mean that they can not prosecute him. It could be they issue the charge at a later date.
Please let me know if you have more questions. Happy to help if I can.