my nephew last night

[OHIOSTEVE]

Last night my nephew got stopped leaving a local bar. He claims he had ONE beer. The cop made him do the roadside monkey test which he passed no problem ( so he probably did have one beer) there was a hunting knife laying on his front seat so the cop wrote him a ticket for a concealed weapon....does that even sound right?

[color of law]

Your nephew needs a good attorney. I said a good attorney. What was the RAS? A hunting knife is not necessarily a weapon.

Most complaints don't properly allege a charge, they're defective on their face.

[OHIOSTEVE]

well unfortunately he just told me the cop asked him why he had it and he told the cop for protection... I think he is toast since he said that..and he cannot afford ( not doesn't WANT to afford, CAN'T) an attorney.

[OHIOSTEVE]

I am dense this morning... what is RAS? if it is what I think it is.. he was leaving a bar and got stopped and put through a field sobriety test which he passed easily.

[JustaShooter]

RAS = Reasonable Articulable Suspicion. Basically, to make it a legal stop, the law says that the officer has to have reasonable articulable suspicion that you are violating the law in some form. Exiting a bar does not constitute RAS for a stop. The officer needs something more than that.

[BobK]

... there was a hunting knife laying on his front seat so the cop wrote him a ticket for a concealed weapon....does that even sound right?

In the car is not readily observable, making it "concealed ready at hand". So yeah, it "sounds valid" (not going to call it "right"). Of course, he can challenge whether or not he should have been stopped, but if that holds up, a knife on the front seat in plain sight that he says he has for protection is a problem.

That is not a "ticket", that is a first degree misdemeanor, punishable by 6 months in jail.

RC 2923.12 Carrying concealed weapons.

(A) No person shall knowingly carry or have, concealed on the person's person or concealed ready at hand, any of the following:
(1) A deadly weapon other than a handgun;
. . .
(F) (1) Whoever violates this section is guilty of carrying concealed weapons. Except as otherwise provided in this division or division (F)(2) of this section, carrying concealed weapons in violation of division (A) of this section is a misdemeanor of the first degree.

For people who do not carry loaded firearms in the car, the most prudent bet in my opinion is to have access to a cane or pepper spray.

[docachna]

....The cop made him do the roadside monkey test...

Just to be clear, you are not required to submit to a "roadside monkey test" (a/k/a field sobriety). That's not to say LE can't make your life more unpleasant if you decline to walk the line, but there is no penalty under the law for refusing.

Many attorneys who specialize in DUI arrests recommend you routinely pass on the field sobriety. Make them act on what they already have. I tend to agree with that advice in general. You either have enough already to arrest me or you don't (and think about it - if they thought they had a provable case already, they wouldn't bother with the field sobriety).

[wobblygoblin]

....The cop made him do the roadside monkey test...

Just to be clear, you are not required to submit to a "roadside monkey test" (a/k/a field sobriety). That's not to say LE can't make your life more unpleasant if you decline to walk the line, but there is no penalty under the law for refusing.

Many attorneys who specialize in DUI arrests recommend you routinely pass on the field sobriety. Make them act on what they already have. I tend to agree with that advice in general. You either have enough already to arrest me or you don't (and think about it - if they thought they had a provable case already, they wouldn't bother with the field sobriety).

Correct me if I am wrong, I think you get an automatic 6 month suspension though, which is better than taking the test and failing it.

[OHIOSTEVE]

I THINK that is only if you refuse a breathalyzer.

[MyWifeSaidYes]

Chemical test refusals only (breath, blood, urine).

[tbrew85]

Chemical test refusals only (breath, blood, urine).

Can you refuse a breath test and tell them you will agree to a blood test? Or is it up to the officer/department which test they want to administer?

Personally, I trust the accuracy of a blood test much more than a breath test.

[WhyNot]

Was the alleged weapon (the knife) confiscated and a receipt issued? And, what was the ORC law cited on the ticket...what was the charge on the ticket.If he is indeed facing a max of 6 month in the pokey, he should get an attorney vs. lost wages (not working) etc. Any previous involvements?
''Mercy of the court'' to go to jail on off work days, or reduced charges etc. is not the way to go IMHO.

[dangerranger6100]

It's a valid charge, he admitted it was a weapon. He's lucky he didn't go to jail on the spot. Some courts may not like the charge. He needs to contact an attorney, public defender if he has no other option.

A lot of people keep large knives above sun visors and tucked between seats. A surprising amount of those people will freely admit to LE they carry those knives as weapons.

http://codes.ohio.gov/orc/2923.12

He may have a defense to the charge (affirmative defense, look under D1 and D2)

[OHIOSTEVE]

yes he has had some previous encounters.. thats why they stopped him I am sure...not an angle by any stretch but not someone who is gonna steal from you or anything like that.. yes i THINK the knife was confiscated...cop acted like no big deal but I gotta get SOMETHING out of this stop.

[docachna]

....The cop made him do the roadside monkey test...

Just to be clear, you are not required to submit to a "roadside monkey test" (a/k/a field sobriety). That's not to say LE can't make your life more unpleasant if you decline to walk the line, but there is no penalty under the law for refusing.

Many attorneys who specialize in DUI arrests recommend you routinely pass on the field sobriety. Make them act on what they already have. I tend to agree with that advice in general. You either have enough already to arrest me or you don't (and think about it - if they thought they had a provable case already, they wouldn't bother with the field sobriety).

Correct me if I am wrong, I think you get an automatic 6 month suspension though, which is better than taking the test and failing it.

As already posted, chemical tests only. You are not required to help him make his case against you. That, and...put a cork in it. Save your cracks about him until he's not there.