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

[Dojo2000]

Originally posted by shenanigans:
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.

No, no new legislation has been passed concerning concealed carry in FL.

Please educate yourself before calling FL's new law the "Wild wild west law."

[shock_core]

well, there was an empty 12 pack box of beer. no cans.

A BB gun that wasn't loaded and didn't even have the CO2 in it. And he couldn't kill someone with it if he tried.

Even if he did drive. he wasn't even legally drunk. he blew and .048 and a .044, not that .08 that the state law requires.

He did that have pipe, and they found the other stuff. BUT they opened his door like without even asking or doing anything, just walked up and opened his door. I'm pretty sure thats not really legal. I mean, cops can't just like open your door on a whim, thats a invasion of privacy. he didn't even do anything, just sat in his car. There is no suspicious activity, no probable cause, there is nothing. They just told him that there was a sports car reported speeding. You know how many kinds of sports cars there are? His wasn't even moving, he just sat down in it. Lawyers should have a field day with this one.

/my 2 cents
//correct me if i'm wrong on some things please

[Dojo2000]

Originally posted by Tyler:
...
i wasnt driving..
...
gun wasnt cosealed..was in plain view on back seat.

Yes, you were. You were behind the wheel. That's something you learn in basic Driver's Ed. As whether it was DUI/DWI, you'll have to look up the specifics and limits for both in your state.

Don't worry, it's not a "firearm." If it were, though, you'd still be in trouble because having a firearm in plain view in your vehicle is illegal.

[hockeyman]

Oh well, just from the statements there, this is sure to be locked now.
I try to be as fair as possible when I'm out on the street, but if I see someone doing exactly as you describe, then get mad at us for enforcing the law, I get pissed. The public can call 911 at any given time and say that there is someone driving a car (like yours) with a gun in the seat, drunk...whatever, and we now have the initiative to take action when that vehicle or person matches the flash info.

Look, I've made some bad decisions on this board by saying stuff that I didn't mean...it happens and I've apologized. Life goes on.
Hopefully, you get dismissed of all charges and learn something from it.

[Dojo2000]

Originally posted by hockeyman:
Hopefully, you get dismissed of all charges and learn something from it.

I'm not really trying to argue with you. Firearms is just a touchy topic with me.

I don't believe all the charges should be dropped, as he did have drugs. Though, I can't speak to whether the search was legal or not.

[3.4 slow to go]

there is a difference between being intoxicated and being under the influance. really, there is.

[MTMike]

LEGALLY he was not at or above 0.08 BAC. He was not legally drunk, intoxicated, or under the influence. Had he been above .08, the DUI would hold water, but the fact he blew .04 shows he wasn't legally drunk

Second... a BB gun is NOT A FIREARM Reread the damn definition.

[3.4 slow to go]

never said he was drunk

[Shirl]

Then he found my BB gun.. unloaded on the backseat. No C02 no BB's in it. BB's were in the glove compartment and c02 was in the back hatch under my speaker box.

Sorry, just have to ask: What the hell were you doing with a BB gun in the car in the first place with BB's in the glove compartment? Target shooting? I dunno, sounds like you shoulda cleaned out your car before you went out...

[speedracer95v6]

he just ran up and opened the door huh?

technicality ...is what it sounds like... good luck...

[Tyler]

two days before this happened.. (tuesday) me and my friend who also has some bb guns went to markham park to shoot at some targets and whatnot at the fireing range.

also i just realized they did not take my gun. I got the gun back it was placed in the glove box by the police officer after they finished the search.

they did however.. take my bb's.. hmm.

DUI im confident would be dropped or at least reduced. gun possession holds no water since they did not keep "evidence" and they also did not even take the empty 12 pack box...

i dunno. im going to speak to a couple lawyers this week.

keep it clean though. sorry for the comment i made before. i never intend to cause mental damage to anyone.

thanks for u'r replies though. keep 'em coming

[L32Projekt]

Crap, the cop should have checked to see if the car was still warm. If so, then maybe it was the car he was looking for... since it had been sitting, I bet that thing was cold as a corpse. DUI/DWI is two seperate things, all based on your BaC. DWI/DUI also have to meet certain criteria such as the police officer knowing or observing the offender OPERATING the vehicle. Which he didn't.

I still can't figure out why they did FSTs on you as many times as they had. That's shady. You should tell your lawyer that maybe the arresting officer might not have had enough training to be competent in the tests.

As for the pipe, if it was in plain view you're boned. The cop came in contact with you for a report of a person speeding around in a sports car and you matched the description. He saw your pipe in plain view. Case closed. That part you're NOT going to get off on.

Good luck. Lawyer up, don't answer any more questions/etc until you get a lawyer next to you.

EDIT: Forgot to add, a BB Gun does not meet the strict definition of a firearm, since it does not use explosives to power the projectile. ;)

[Infernal]

This thread makes the baby Jesus weep.