Ohioans For Concealed Carry Discussion Forums

Maybe it was meant for protection against getting stuck in the seat belt in case of an accident...

I can lay an empty shotty with the action open on the front seat, and because it is in plain sight, I am legal. Now, if it is not in plain site, such as laying a blanket over it, the charge becomes improper transport of a firearm by motor vehicle. I'm not seeing that if the knife was in plain site, that it is still considered concealed. It is ready at hand, sure, but isn't it also in plain site, like my shotty?
Perhaps there is more to the story? Was it covered up or accidently slip between the seats?

edit:"sight"

docachna wrote:

....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).

I was told by some LEO friends that they usually try to get the field sobriety test on the dash cam for solid evidence of a driver's impairment, just in case the driver tries to put up some hokey defense in court. Like they said, its a slam-dunk when the video shows someone falling down or raging in a drunken stupor.

CroManGun wrote:I was told by some LEO friends that they usually try to get the field sobriety test on the dash cam for solid evidence of a driver's impairment, just in case the driver tries to put up some hokey defense in court. Like they said, its a slam-dunk when the video shows someone falling down or raging in a drunken stupor.

Ah, yes. Under the category of "Drunk People Say The Darnedest Things": Sometimes the things folks say in refusing the tests are as good as the tests themselves.

So, I found this page from Office of the Ohio Public Defender:

http://www.opd.ohio.gov/RC_Casebook/car ... eapons.htm" onclick="window.open(this.href);return false;

It has some interesting quotes that strengthen my belief that simply because something is in a car, it does automatically mean it is concealed; However, I am having trouble finding the actual court decisions for my own personal reading.

State v. Pettit (1969), 20 Ohio App. 2d 170, 173-174 -- "...(A) weapon is not concealed if it is so situated as not to be discernable by ordinary observation by those near enough to see it if it were not concealed, who would come into contact with the possessor in the usual associations of life; but that absolute invisibility is not required, since ordinary observation does not extend to a search unusually careful, thorough or detailed, made because of suspicion that contraband which is not visible by ordinary observation may in actuality be present." Also see State v. Davis (1984), 15 Ohio App. 3d 64.

Akron v. Carsey (1980), 18 Ohio Ops. 3d 249 -- Knife was not concealed when part of the sheath was plainly visible. Sheath is associated with weapon so carried.

The next one is strange, because I found a nunchukaus case for a Maloney in New York, but not Ohio:

State v. Maloney (1984), 14 Ohio App. 3d 109 -- Nunchakaus partially visible between seat and console were not concealed.

Edit to include "NOT"

fisher wrote:

It has some interesting quotes that strengthen my belief that simply because something is in a car, it does NOT automatically mean it is concealed; However, I am having trouble finding the actual court decisions for my own personal reading.

knife was stuck between seats.. handle sticking out.... had it really been concealed cop could not have seen it.

Being pulled over for suspected DUI is a topic with thousands of hours of discussion logged on radio and other places. My advice based on some past experience and from what I have discovered since then............ Refuse all tests, say as little as possible and request to speak to attorney. You will be jacked up, probably put face down in the pavement, cuffed and taken to the station. However, in the end, you will come out better know matter what. Make them come up with the evidence.

As for the knife on the dash........it seems in Ohio you are almost screwing yourself by even carrying a knife as opposed to a CHL with handgun. There was allot of discussion on this topic on another board on this site. Ohio knife laws are corny to ridiculous at best. From what I can tell you better have it sheathed in a case and visible on your belt to be construed as a tool and not a weapon. Of course then there are all the blade length exceptions.

I know the Ohio gun orgs are against preemption on knives but I cant agree. I have found very few places that forgot include with gun "or other deadly weapon"in their posting. There needs to be uniformity on all self defense tools and there needs to be constitutional carry all of them.

Knives, and batons, as well.

pleasantguywhopacks wrote:I know the Ohio gun orgs are against preemption on knives but I cant agree. I have found very few places that forgot include with gun "or other deadly weapon"in their posting. There needs to be uniformity on all self defense tools and there needs to be constitutional carry all of them.

I agree.

That is why I support kniferights.org

Last legislative session (2013), this organization was central to getting automatic/assisted-opening/switchblade knives re-legalized in Texas. They also supported a bill for Texas statewide preemption that was not passed, but which will be the target for the 2015 session.

Let the chips fall where they may and I will spend my dollars where they are appreciated.

AmendII71 wrote:Being pulled over for suspected DUI is a topic with thousands of hours of discussion logged on radio and other places. My advice based on some past experience and from what I have discovered since then............ Refuse all tests, say as little as possible and request to speak to attorney. You will be jacked up, probably put face down in the pavement, cuffed and taken to the station. However, in the end, you will come out better know matter what. Make them come up with the evidence.

As for the knife on the dash........it seems in Ohio you are almost screwing yourself by even carrying a knife as opposed to a CHL with handgun. There was allot of discussion on this topic on another board on this site. Ohio knife laws are corny to ridiculous at best. From what I can tell you better have it sheathed in a case and visible on your belt to be construed as a tool and not a weapon. Of course then there are all the blade length exceptions.

It is my understanding that a refusal of breathalyzer test results in an automatic one year driver's license suspension. How is this "in the end, you will come out better"?
Might be better off using the Bernie Kosar defense: Just claim you had a concussion.

He should count his blessings as he could have still been charged with drving while impaired even after just one beer,