Friend is losing his LTC

[Skylineracer329]

Long story short, left his gun in his trunk, loaded. Rolled his car over, trunk opens and gun falls out. Cop nailed him with intoxicated possession (0.05 BAC) and improper storage. Oops.

 

[Rockrivr1]

Sucks that it turned out that way, but I have no sympathy for anyone who gets in trouble while drunk driving. He made a bad choice and now he has to live with the consequences

 

[Skylineracer329]

He's getting no sympathy from me either. Just thought it might be interesting to share since I don't think we have seen an "intoxicated possession" in MA yet.

 

[sbi]

Sucks that it turned out that way, but I have no sympathy for anyone who gets in trouble while drunk driving. He made a bad choice and now he has to live with the consequences

+1

 

[chiefsaj]

Sucks that it turned out that way, but I have no sympathy for anyone who gets in trouble while drunk driving. He made a bad choice and now he has to live with the consequences

.05 Isn't legally drunk.

Not saying his decisions were good, but technically speaking he wouldn't have been arrested had he simply gotten pulled over.

 

[LoginName]

Sounds like he's screwed.

Even if he were to beat the charges in court, he would still be hung out to dry on suitability by the CLEO.

 

[robjax]

ouch.

 

[Stape]

0.05? Is it a judgement call from the officer or was the guy actually impaired? Does Mass have a zero tolerance type thing where any ammount can be considered "impaired"?

 

[bill o]

I actually have a lot of sympathy for him! .05 is not exactly hammered, and what do gun rights have to do with driving rights?!

 

[Artie]

0.05? Is it a judgement call from the officer or was the guy actually impaired? Does Mass have a zero tolerance type thing where any ammount can be considered "impaired"?

I am wondering the same thing

 

[ACB84]

i believe it would be a judgement call on the officer. If he had your friend preform some field sobriety tests and passed then i bet the officer could just let him go on his way, but if he failed then yeah he would get arrested for dui

 

[hunt4riches]

Sucks that it turned out that way, but I have no sympathy for anyone who gets in trouble while drunk driving. He made a bad choice and now he has to live with the consequences

Have to +1 that. I won't go into details of what I tried to get away with when I was younger, but now if I'm the driver, I just don't drink that night period. Read some case studies and you'll see that even a "legal" blood alcohol amount will get you screwed over in court where you otherwise might have an "out". As an example, suppose you wipe someone out in a crosswalk... would you rather beg for a jury's mercy having blown a 3, or a zero?

 

[chiefsaj]

I'd like to hear from LEOs, .08 is .08.

not .05, .04, .03..

There may be a legal difference between impaired and intoxicated.

 

[robjax]

I thought I remembered hearing that there is a 0.00 tolerance for gun possession. Is that true? Plus it was said that it was stored loaded in the trunk. Isn't that improper transporting?

 

[CrackPot]

i believe it would be a judgement call on the officer. If he had your friend preform some field sobriety tests and passed then i bet the officer could just let him go on his way, but if he failed then yeah he would get arrested for dui

Don't confuse the absolute standard that exists for DUI (0.08) and the completely undefined variation for firearm possession. No standard exists so 0.01 could result in arrest. 0.08 certainly would and what in between is totally up to the officer/DA.

Personally, I don't drink when carrying. Period. The grey area is far too large and arbitrary

 

[Skylineracer329]

.05 Isn't legally drunk.

Not saying his decisions were good, but technically speaking he wouldn't have been arrested had he simply gotten pulled over.

That's where I find it interesting. I don't believe a precedent has been set regarding what's considered intoxicated as related to firearm possession

 

[Cartoons]

If he had your friend preform some field sobriety tests and passed then i bet the officer could just let him go on his way, but if he failed then yeah he would get arrested for dui

Hard to go on your way when the car rolled. Bet that had more to do with it.

 

[Alex9661]

Its not improper storage, it's improper transporting

Sent from my DROID X2 using Tapatalk 2

 

[bill o]

.05 is a 200 lb guy having 2 glasses of wine at dinner.

 

[JCV]

Well this should get interesting.

 

[yanici]

That's where I find it interesting. I don't believe a precedent has been set regarding what's considered intoxicated as related to firearm possession

He's still screwed on the gun issue. The gun was LOADED in the trunk. If he'd been legally carrying it he might have a chance.

 

[hunt4riches]

I actually have a lot of sympathy for him! .05 is not exactly hammered, and what do gun rights have to do with driving rights?!

I just had a flashback. There was a program in college where they had the blowers set up and students volunteered to put a few back to see how they'd do. A survey afterwards was something like 79% of the "I feel OK to drive" people were .08 or higher. I drank two beers and waited 2 hours and was shocked that I was still a 3 and change.

 

[robjax]

Its not improper storage, it's improper transporting

Sent from my DROID X2 using Tapatalk 2

Thanks. Made the correction.

 

[chiefsaj]

That's where I find it interesting. I don't believe a precedent has been set regarding what's considered intoxicated as related to firearm possession

Agreed, it is abritrary to say the least and probably moot when you consider suitability.

My point about .08 was directed at the folks who had no sympathy because he was "drunk driving". In the yes of the law, I think they are mistaken.

 

[BattleSnail]

MGLs don't define "intoxicated" WRT guns. People assume it's the same arbitrary threshold as drunk driving at .08.

 

[GPP]

I'd like to hear from LEOs, .08 is .08.

not .05, .04, .03..

There may be a legal difference between impaired and intoxicated.

See post #16.
Im more Interested in how it was determined he had a .05 BAC. Was he arrested at the scene? If so, what was he arrested for? Where did he register this .05 and on what type of device?

 

[hunt4riches]

Well this should get interesting.

That bag's too small, you'll need the Jumbo Tub with extra butter.

 

[chiefsaj]

See post #16.
Im more Interested in how it was determined he had a .05 BAC. Was he arrested at the scene? If so, what was he arrested for? Where did he register this .05 and on what type of device?

Agreed, I was referring to the "drunk driving' aspect.

 

[Skylineracer329]

He's still screwed on the gun issue. The gun was LOADED in the trunk. If he'd been legally carrying it he might have a chance.

I know he's screwed either way. Like I said, no sympathy for not knowing the law.

 

[knfmn]

Always love the stories about cops acting like JBT's. I can see the improper storage, since that's technically the law in this s*&¥ hole state, but the intoxicated possession? Tell him to get a good lawyer. If he wasn't drunk enough to be charged with DUI (what is .05, anyhow? Slammed one beer and immediately got behind the wheel? Whoopy.) Then he can probably fight the intoxicated possession. Followed immediately by a move to a free state, I would hope.