Stopped by OSHP last Saturday

[JediSkipdogg]

... you still have an obligation to produce your physical CHL...

Really?

Is that in the ORC or from case law?

I can't find it in case law for Ohio (maybe Werz can) but when dealing with a driver's licenses, many appeals courts in other states have held up obstructing charges against a person for failure to hand over their driver's license even though the state statute says "display" much like Ohio. So, I would say it would probably hold up on a CHL as well so the officer can verify it's authenticity and simply showing does not allow that.

[Werz]

... you still have an obligation to produce your physical CHL...

Really?

Is that in the ORC or from case law?

"[W]e hold it was Meyers' burden to establish that he had his license with him at the time he was stopped, which would have rendered R.C. 2923.16(C) inapplicable to him." State v. Meyers, 2014-Ohio-1357, at ¶43 (11th Dist.)

[MyWifeSaidYes]

... you still have an obligation to produce your physical CHL...

Really?

Is that in the ORC or from case law?

"[W]e hold it was Meyers' burden to establish that he had his license with him at the time he was stopped, which would have rendered R.C. 2923.16(C) inapplicable to him." State v. Meyers, 2014-Ohio-1357, at ¶43 (11th Dist.)

See? THIS is why I ask.

[MyWifeSaidYes]

{¶57} It was never established in the record whether Meyers had a valid license at the time this incident occurred. There was some testimony that when the officer ran Meyers’ vehicle registration, he received information that the owner of the vehicle had a carry and conceal license issued to him. However, there is no indication that the license was still in effect or in Meyers’ possession at the time of the stop.

{¶58} The fact that the officer might have known that Meyers had been issued a concealed carry permit is irrelevant if Meyers was not in compliance with the statute,
e.g., that he carry the license with him. ...

So, THEY don't have to prove you violated the law...YOU have to prove you DIDN'T.

Once again, guilty until proven innocent.

Gotta love those 'affirmative defenses'.

[Werz]

{¶57} It was never established in the record whether Meyers had a valid license at the time this incident occurred. There was some testimony that when the officer ran Meyers’ vehicle registration, he received information that the owner of the vehicle had a carry and conceal license issued to him. However, there is no indication that the license was still in effect or in Meyers’ possession at the time of the stop.

{¶58} The fact that the officer might have known that Meyers had been issued a concealed carry permit is irrelevant if Meyers was not in compliance with the statute,
e.g., that he carry the license with him. ...

So, THEY don't have to prove you violated the law...YOU have to prove you DIDN'T.

Once again, guilty until proven innocent.

Gotta love those 'affirmative defenses'.

As I told you a long time ago (citing U.S. Circuit Courts), open carry is presumptively lawful, while concealed carry is presumptively unlawful.

[wkdravenna]

Ohio should pass a law that all drivers inform any officer who stops them of their last meal and what it consisted of as the first notification.

I think this would relive stress.. Imagine being pulled over and you say "Sir ( or mam) my last meal was chicken wings.... Honey mustard sir"

See wouldn't that just relive all the stress and anxiety going along with a stop for people.. What a topic of conversation then they can get to the fact that "Oh pancakes nice, by the way this car is stolen, please step out'' or "oh sir you just had a milkshake awesome you have 5 warrants"

I love law's.