Ohio – DUI arrest with firearm in car (I have a CCW license)?
I was recently arrested for DUI/speeding. I have a valid OH CCW license, and the loaded firearm was locked in the glove box. The officer asked just before the field sobriety test if I had my weapon "on me", and I told him no. I refused the field test, and as I was being handcuffed, tol...
I was recently arrested for DUI/speeding. I have a valid OH CCW license, and the loaded firearm was locked in the glove box.
The officer asked just before the field sobriety test if I had my weapon "on me", and I told him no. I refused the field test, and as I was being handcuffed, told him that the weapon was locked in the glove box. I haven't been charged with an offense yet, but the report will go in front of a prosecutor. What are the possible repercussions here?
You told the officer that you didn’t have the gun "on you" and you did not. You did tell him it was locked in the glove box, so I don’t think there’s an issue there as you are licensed to carry the weapon.
The issue here is the DUI, not to mention the speeding. That’s what you really need to be focused on. You need to get some serious help; you obviously have a problem.
I have scores of friends in Ohio, many with small children. I think of you loose on the highways, drunk and speeding, out of control and it makes me sick for them. You are far, far, far more dangerous that any loaded gun.
I hope the court treats this matter with the gravity it deserves.
And I hope that you are ashamed of yourself. Get some help before you kill someone.
In training the general rule is to voluntarily tell an officer that you have a ccw and you have a weapon in the vehicle as soon as he walks to the window. As long as you didn’t wait for him to ask and try to withhold any information you are within you’re rights and will not be charged with a weapons offense. If you waited for him to ask that would be a problem. especially since you were under the influence with a gun in the car regardless of the ccw license.
You need to hire an attorney immediately.
You need an attorney who specializes in DUI cases. You also need to talk to a criminal defence attorney about the gun. The Criminal Defense attorney needs to talk to the District Attorney’s Office.
If you are lucky, with respect to the issue of the gun, the only thing that will happen is that your CCW permit is revoked.
Ok, you were drinking and driving and speeding, with easy access to a loaded gun,.
Point is, impaired judgment and a loaded gun! Deadly combination, wouldn’t you say?
First, by refusing the test, you have probably lost your license for up to a year. The gun charge can be tricky. Depends on if the judge decides that "on you" is the same as "with you". The officer "should" have asked if you had the weapon with you. You really do need an attorney for ALL the charges.