Charged for ( 2923.16(D)(1) improperly handle a firearm in a motor vehicle along with DUI.

Asked 4 months ago - Wellston, OH

I drank one beer at approximately 10:30PM. I had a revolver on passenger side of my vehicle. Was stopped by a patrolman in Vinton Co. at around 1:00 AM. I informed the officer that I had the firearm. I am disabled and take prescription drugs only as prescribed. Sobriety testing consisted with only testing my eye movement etc. with a flashlight under his arm. Taken to patrol post for urine test. We were polite at all times. I was allowed to go home with driving privileges. Awaiting Grand jury trial pending lab results at this time. Occurred on March 21st. of this year. What is your opinion concerning this situation at this time? I do not have the results from the lab work and do not know how to get them. Do you know how I could find out what the lab results are or what I should do next?

Attorney answers (3)

  1. Russell Allen Moorhead

    Contributor Level 13

    3

    Lawyers agree

    1

    Answered . If you have not consulted with a criminal defense attorney in your community yet you should do so at once. Obviously the gun charge ( carrying concealed weapon) offense is the bigger problem related to this incident. You should consult with an attorney in your county and if you have no prior record, explore the possibility you may qualify for a diversion program.

  2. Matthew Oberlin Williams

    Pro

    Contributor Level 17

    3

    Lawyers agree

    Answered . It can take a long time for those labs to get around to a case, but you are on the outside edge of how long it typically takes. You should hire an attorney who can press the prosecutor for discovery and figure out what the status of the matter is. The firearm charge is a fifth degree felony under the facts you described, if they can prove you were under the influence. So you really should get a lawyer as you face jail time if convicted and, if convicted, will no longer be allowed to own a gun.

    Answers provided by attorney Matt Williams to questions on Avvo DO NOT form an attorney client relationship. Mr.... more
  3. Nima Haddadi

    Contributor Level 13

    3

    Lawyers agree

    2

    Answered . You should hire a local criminal defense attorney so that all of the above listed issues can be sorted out as soon as possible. If convicted on the given facts, there can be significant jail attached to the conviction.

    Also, you will not be able to own a gun if convicted of the given crime.

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