11 hours in county jail.. DUI, Possession of concieled firearm, pos. of marijuana..

[Dojo2000]

Getting behind the steering wheel of a vehicle is operating a motor vehicle. Your lawyer will tell you that. You were "driving," and you might want to look up the details of DUI and DWI.

According to federal law, a BB gun is not a firearm. Unless Florida specifically enacted legislation that says they are considered firearms, then the Possession of a Concealed Weapon charge is bogus.

(lol at that one.. consider florida did just pass the law where you can carry a firearm on you legally for protection)

No, you're mistaken.

[3.4 slow to go]

1. geta lawyer

2. they stopped you from driving under the influance. (think about it. then think about it some more)

[ October 07, 2005, 07:28 PM: Message edited by: 3.4 slow to go ]

[V8 Killer]

you had drugs on you...stop b itching.....

[96RS Alex]

So what happened to your "GF"?

[hockeyman]

Okay, Lets just say if you're driving down the street and you get involved in a road-rage incident, you pull out the BB gun and point it at someone, do you think it's just a simple assult BECAUSE it's a BB gun? No, aggrivated assult in ANY state!

You HAD A GUN in the car and in plain sight...PERIOD! The "FAT PIGS" remark is something that wasn't thought of TYLER!

Maybe it was a bit too much to arrest you for a dui just based on the totality of the circumstances, but think of all of the other felons out there that get away with this sh*t while the rest the public complain why the cops don't do anything about it.

If you were here in Philly, I would have arrested you solely on the fact of a visible gun in your car, let alone an empty 6 pack in the car AND the Marijuana residue!

State Law: (STATE LAW!) An arrest CAN be made if ANY illegal substance CAN BE SEEN IN PLAIN VIEW by the PIG, I'm sorry...POLICE!

Oh and it's not parifanalia, it's paraphernalia. Make sure you get it right before you spell on your statement and give it for your Lawyer.


Oh, BTW, I'm a PIG TOO!

[ October 07, 2005, 09:12 PM: Message edited by: hockeyman ]

[andrew.brandon]

does the BB gun still have the orange tip on it?

[98Camaro3.8]

790.001 Definitions.
(6) "Firearm" means any weapon (including a starter gun) which will, is designed to, or may readily be converted to expel a projectile by the action of an explosive; the frame or receiver of any such weapon; any firearm muffler or firearm silencer; any destructive device; or any machine gun. The term "firearm" does not include an antique firearm unless the antique firearm is used in the commission of a crime.

Doesn't sound like a firearm to me.

Originally posted by Tyler:
consider florida did just pass the law where you can carry a firearm on you legally for protection)

Sure, if you have a CCW permit.
Although you can have a loaded firearm in your car without a CCW permit as long as it is in a compartment that has to be opened before you can access it (glove box) or a zippered holster that's not on your body.


The DUI stuff sounds like you really need to get a lawyer.


Although the fact that there was indeed marijuana there tends to push me to the tough **** side of the argument.

[Camarorulz]

Oh man your lawyer is gonna have a fun time ripping those mother ****ers apart.

It doesn't matter if you had marijuana...why did the cop just walk up and open the door? That's totally inappropriate.

He wasn't "driving under the influence" if he wasn't driving, and especially if the test turned up less than .08: that's not legally drunk. This is just another example of how the police can do whatever the hell they want without suffering the consequences. You can fight it in court, but its still a costly pain in the ***.

[3.4 slow to go]

drunk driving is dWi, .08 is dUi. bedises, he had intent on dui.

this whole sitiation is a mess on both sides. Next time, don't do drugs, or drink before you intend to drive.

[hockeyman]

^"Temporary Investigation" is legal all over the U.S.A. Walking up to the vehicle and looking into it will hold water in any US Court as long as the Officer(s) can testify Why The Offender was Arrested or placed into temporary custody after the "sight" investigation has taken place.

Again, any Law Enforcement Officer can look into ANY vehicle and decide if there will be any appropiate action taken after the initial Sight has taken place.

Case in point: DUI Checkpoints. A cop sees empty beer cans, liquor bottles etc on the floor of the veh will Constitute a Legal Investigation by police as long as the object(s) is/are within reach of the offender. If the Gun was in his trunk, you'd probably be talking about problems with you car right now instead of this.

[shenanigans]

Originally posted by Dojo2000:
No, you're mistaken.

Serously I think the law was passed recently that laws make it much easier to carry a gun. Still need a permit I believe.

Also passed teh Wild wild west law, but that doesn't mean you can carry a gun.

I think you are farked for drugs, and parafanala, but if you passed the sobriety test and breathalizer, I don't think you should be gettting DUI for that...

as for the gun, not sure... what the laws are.


Screw the argueing on messageboards, state and county laws are vastly different from place to place, go get a lawyer.

[Dojo2000]

Originally posted by 98Camaro3.8:
</font><blockquote>quote:</font><hr /> 790.001 Definitions.
(6) "Firearm" means any weapon (including a starter gun) which will, is designed to, or may readily be converted to expel a projectile by the action of an explosive; the frame or receiver of any such weapon; any firearm muffler or firearm silencer; any destructive device; or any machine gun. The term "firearm" does not include an antique firearm unless the antique firearm is used in the commission of a crime.

Doesn't sound like a firearm to me.

Originally posted by Tyler:
consider florida did just pass the law where you can carry a firearm on you legally for protection)

Sure, if you have a CCW permit.
Although you can have a loaded firearm in your car without a CCW permit as long as it is in a compartment that has to be opened before you can access it (glove box) or a zippered holster that's not on your body. </font>[/QUOTE]You beat me to it. It took me a minute to find the statutes.

790.001
(3)(a) "Concealed weapon" means any dirk, metallic knuckles, slungshot, billie, tear gas gun, chemical weapon or device, or other deadly weapon carried on or about a person in such a manner as to conceal the weapon from the ordinary sight of another person.

A BB gun is neither a firearm nor deadly weapon as defined by Federal and FL state law.

Originally posted by hockeyman:
Okay, Lets just say if you're driving down the street and you get involved in a road-rage incident, you pull out the BB gun and point it at someone, do you think it's just a simple assult BECAUSE it's a BB gun? No, aggrivated assult in ANY state!

You HAD A GUN in the car and in plain sight...PERIOD! The "FAT PIGS" remark is something that wasn't thought of TYLER!
...
If you were here in Philly, I would have arrested you solely on the fact of a visible gun in your car, let alone an empty 6 pack in the car AND the Marijuana residue!

1) He never pointed the BB gun at anyone.
2) He didn't have a firearm.
3) They charged him with having a concealed "firearm." If it was in plain view as you say, they would have charged him with something else.

[hockeyman]

Sorry, it's a firearm nevertheless. Any object that can fire a projectile to cause any harm is considered a firearm wheather or not it was poinjted at someone. I just made a point to say IF he pointed it at someone, it would have been considered an Agg Assult. Doesn't matter if it was a BB gun or a Glock. You don't think a BB Gun can cause seroius bodily injury??? Because I do...
!

[ October 07, 2005, 09:37 PM: Message edited by: hockeyman ]

[98Camaro3.8]

Originally posted by shenanigans:
</font><blockquote>quote:</font><hr />Originally posted by Dojo2000:
No, you're mistaken.

Serously I think the law was passed recently that laws make it much easier to carry a gun. Still need a permit I believe.</font>[/QUOTE]It was passed a while ago, but just took effect last weekend. It says that if you fear for your life, you have the right to shoot an attacker rather than running away. Doesn't change any laws on carrying a weapon. Finally a law that makes sense. [img]smile.gif[/img]

You cannot carry a firearm in public without a CCW, and even then you cannot carry it in the open.

[Tyler]

there were no empt containers....

i wasnt driving..

i wasnt drunk.

there was no weed in the car. i kno that 4 a fact. but the pipe did have a little resin.

gun wasnt cosealed..was in plain view on back seat.

cop just opened door. did not identify himself as a police officer before or anything..

there are cops, and there are pigs. just like there are white people and their are trailor trash. Just like there are black people, and then there are ******s.. just like there are spanish people and there are spics.

cops down here are the epidemy of law enforcement.