QUESTION
Can a concealed weapon found in passenger backseat pocket be used during a DUI stop?
Asked on Sep 17th, 2013 on DUI/DWI - California
More details to this question:
A family member received his first offense DUI. He attempted to drive and spun out. Officers arrived to scene to find him alone and vehicle stuck on bushes. They immediately gave him the breathalyzer, which came back over .08. He was placed under arrest for DUI. Once apprehended they searched the vehicle in and out. They retrieved a concealed weapon from the passenger side back seat pocket. Which was not his but was left from another individual from earlier that night. What could he be facing? He admits to being guilty of DUI but not of weapon?
4 ANSWERS
Bankruptcy Attorney serving Florissant, MO
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Law Offices of Thomas Corcoran Phipps
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In Missouri, charged with possession of a firearm while in an intoxicated condition -a felony. The state will have to prove the case.
Answered on Nov 07th, 2013 at 9:33 AM
Appellate Attorney serving Grosse Pointe Farms, MI
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Musilli Brennan Associates, PLLC
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He needs an attorney to mitigate his damages and liability. There may be a defense on the weapons charge.
Answered on Sep 18th, 2013 at 2:39 PM
Jason David Smith
If it's in his car, it's under his control if he was by himself. He may get another charge based on that.
Answered on Sep 18th, 2013 at 2:34 PM
The DUI is probably the more serious charge. You need to hire a DUI specialist, and do it soon because you have only 10 days to save your license.
Answered on Sep 18th, 2013 at 1:59 PM