11/10/11 Killbuck woman gets jail time on for illegal possession of morphine

                        
SUMMARY: Judge says woman is not a drug dealer A Killbuck woman was sentenced Thursday Nov. 10 to jail time on drug possession charges. Juanita A. Miller, 54, 32750 Township Road 130, was sentenced by Holmes County Common Pleas Court Judge Robert D. Rinfret to 180 days in jail on one count of aggravated possession of morphine. The charge stems from Feb. 26, when police stopped Miller’s vehicle on suspicion of DUI. During the stop, the morphine was discovered in Miller’s purse, Assistant Prosecuting Attorney Sean Warner said. Miller’s blood alcohol content at the time of the offense was .19, more than double the legal limit. She has pleaded to the DUI offense in municipal court, her attorney, Jeff Kellogg, said. Miller said she was given the morphine several months before the traffic stop and placed the pills in her purse. Miller said she left the pills there. Rinfret said he believed Miller’s explanation and sees the incident as “isolated”. Rinfret said he further believes that Miller is not a drug dealer. “You had these pills in your purse for six months,” Rinfret said. “You could have just thrown them away.” Rinfret expressed more concern over Miller’s drunk driving history. The Feb. 26 arrest was Miller’s third, indicative, in Rinfret’s opinion, of an alcohol problem. In addition to the jail time, Rinfret sentenced Miller to three years probation, during which time she is not to consume alcohol. Miller said she does not have a drinking problem and will be able to remain sober. Rinfret said he will consider earlier release for Miller if she has no further problems at the jail or while out on work release. Aggravated possession of morphine is a fifth-degree felony and carries a maximum penalty of 12 months in prison and a $2,500 fine.


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