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How a Few Beers with Friends Can Go Wrong

A Suffolk man is facing serious criminal charges after being pulled over in Portsmouth this week, in a good illustration of how quickly life can change when you break the law.

Twenty-eight year old Michael Smith made a u-turn and then stopped at a green light on London Boulevard and Broad Street just before 3 p.m. on Thursday afternoon. His behavior prompted a traffic stop from a Portsmouth police officer.

The officer found Smith was under the influence of alcohol and failed “several sobriety tests.” According to WAVY-TV 10, he was then charged with felony DUI, indicating he had previous DUI convictions on his record. But that isn’t all.

The officer found a loaded AR-15 assault rifle in the vehicle, on the passenger seat but hidden from view. Smith will also face charges of carrying a concealed weapon while intoxicated.

While the news reports provide no backstory, it’s easy to see how a few afternoon beers with friends could result in a life-changing arrest. Sure, not very many of us ride around with an assault rifle on our passenger seat, but many Virginians carry weapons, whether lawfully or otherwise.

Maybe you got a promotion and had a few afternoon drinks or perhaps you were at a barbeque. Once you get behind the wheel, however, your celebratory day has the potential to turn tragic.

DUI charges can carry life changing penalties, even for a first-time offense. You could be spending time in jail, paying hefty fines, and losing your license– all for a few drinks with friends.

If you have a weapon with you, even if you are licensed to carry it, you could face additional penalties.

More than likely, Smith didn’t weigh the risks of driving intoxicated before he got behind the wheel. If he had, maybe he wouldn’t have started the car, or perhaps he would have—at the very least—put his gun safely in his home.

Most people arrested and facing criminal charges find themselves in situations they didn’t plan for, those they didn’t weigh the risks on or make a conscious decision at criminality. After the fact, most regret the actions that ultimately led to their arrest.

Fortunately, if you are caught violating a law and charged with a crime, you have options. Your regret for the incident could cause the judge to have some leniency, and working out a plea bargain with the prosecution could help you avoid jail time. Discussing all of your options with a criminal defense lawyer can help you determine the best course of action.

Gun Crimes In Bars Down Despite New Law That Allows Concealed Weapons

Advocates of a law that took effect last July are demanding that those opposed apologize for raising a stink over potentials that never came to fruition. The law allows licensed concealed weapons carriers to take their weapons into bars and restaurants. Since the law took effect, there has been no noticeable increase in associated crimes as the opponents said there would be. Instead, firearm related crime in these establishments has actually dropped.
According to the Richmond Times-Dispatch major crimes involving firearms in Virginia restaurants and bars actually fell 5.2% in the past year when compared with the prior year when such weapons were not allowed at all. Of those crimes that were committed, the news says they were “relatively minor” and usually involved people who weren’t licensed concealed weapons carriers at all.
When the legislation was pending, opponents said the passing would result in a free for all, with gun crimes in such establishments going through the roof. And while they might be right about guns and alcohol not mixing, the law says those with a concealed weapon can’t drink while in the bar, but merely be present. It doesn’t, however, stop those who carry visible weapons from drinking.
Virginia is now one of 43 states that allow concealed weapons in restaurants that serve alcohol. One supporter of the law and the president of the Virginia Citizens Defense League says the decrease in crime is not surprising and calls it a “big yawn.” “The numbers basically just confirm what we’ve said would happen if the General Assembly changed the law.”
One thing the Times-Dispatch doesn’t point out is that crime overall has declined over the past calendar year. The decrease of firearms offenses in restaurants and bars isn’t likely because of the new law. Instead, the law more likely has had a neutral effect on crime rates.
In Virginia, firearms laws are complex and confusing, particularly when it comes licensed carriers. There are laws pertaining to how you carry your weapon, where you carry it, if you show it, and definitely if you fire it. The penalties for licensed firearms owners are often comparable to those for unlicensed owners. Understanding the differences in these laws and the slight nuances can be difficult for even the most savvy gun owner.
If you are charged with a firearms offense, you need the assistance of a Virginia criminal defense attorney. Contact our offices today to discuss your case and what options may be available to you.

Virginia Seeks to Overturn Concealed Weapon Ban

Virginia is one of a few states that currently have a law on the books preventing the carrying of concealed weapons in places that serve alcohol. All of that may change in the near future as the Virginia Senate and House of Delegates have voted to overturn this ban. All that remains needed is the governor’s signature.

The current ban applies to people who are permitted to conceal a weapon on their person. Supporters of the change in the law state that these people are law abiding and responsible and shouldn’t have to restrict their activities when they have their weapons on them. By overturning the ban, supporters believe crime may be reduced.

There are often stories in the news about gun rights and restrictions. It’s a touchy issue simply because although the 2nd Amendment guarantees our right to bear arms, the States withhold the right to regulate that. This is why each state has numerous weapons laws and regulations, all done in the interest of public safety.

Under the new law, people with permits to carry concealed weapons would not be restricted from businesses unless the business elected to set their own rules. There would no longer be a state ban on carrying a weapon into a bar, for instance, or a restaurant where alcohol is served.

This doesn’t mean anyone can carry a concealed weapon. Like all other gun laws, there are steps that must be taken in order to get a permit. If caught with a concealed weapon and without a permit, you can face criminal charges. While the first offense is a misdemeanor, that charge is elevated to a felony for any subsequent incidences.

There are numbers opportunities for criminal charges involving weapons. I discuss a few of them here on the weapons page. Whether you are charged with one of these offenses or another weapons charge, we can help.

Contact us to discuss your case and to get some valuable free legal advice.