Examples include: a firearm locked in a toolbox in the bed of a pickup truck, a firearm located in the center console of the vehicle, a firearm located in the backseat of a vehicle, a firearm located in the glovebox, a firearm in the side map pocket of the door, etc. Often times possession issues arise from the location where the firearm was found. This first element can be aggressively challenged by the defense. The first element is that the prosecutor must show that the person “possessed” a firearm.
If a person is charged with prohibited use of weapons in addition to a DUI charge, the prosecutor must prove certain “elements” of the crime.
DENVER DMV HEARING OFFICE DRIVER
However, the fact that the gun was loaded or unloaded and the proximity of the gun to the driver are certainly factors that may be taken into consideration by a prosecutor in assessing aggravation/mitigation and strength/weaknesses in the case. Whether or not the gun was loaded makes no difference under the statute- a loaded gun is treated the same was as an unloaded gun. This charge is a Class 2 Misdemeanor offense and is punishable by 3 months up to to 364 days in the county jail and a fine of $250.00 up to $1000.00. The statutory charge is identified as “prohibited use of weapons”, however it’s all the same charge- it’s simply characterized differently in some charging documents. If you were stopped for DUI, DUI per se, DWAI, or DUI drugs in Colorado and had a gun in your vehicle, you most likely were also charged with “drunk with a gun” or “possessing a weapon while intoxicated”. Unfortunately, sometimes the stress of a DUI can be greatly compounded by also being charged with possessing a gun while intoxicated. Being charged with a DUI in Colorado can be one of the most stressful times a person can go through in life.
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