What ever happened to the type of road rage where people just gave the finger? It’s not nice, by any means, but at least it’s not criminal! It seems that lately there has been an escalation to the typical road rage case, and more and more often accusations are made where guns have been involved. A Weld County man was recently accused of pointing a gun at another driver. According to the news report, the Weld County Sheriff deputies responded to the 911 call and the man was pulled over and subsequently arrested for Driving Under the Influence, Felony Menacing, and Prohibited Use of a Weapon. Let’s take a closer look at these crimes in Greeley and across Weld County.
Weld County Prohibited Use of a Weapon Attorney: What is the Definition of Prohibited Use of Weapons?
The Colorado law definition of Prohibited Use of Weapons in Weld, Morgan, and Logan County – C.R.S. 18-12-106 – is:
(a) He knowingly and unlawfully aims a firearm at another person; or
(b) Recklessly or with criminal negligence he discharges a firearm or shoots a bow and arrow; or
(c) He knowingly sets a loaded gun, trap, or device designed to cause an explosion upon being tripped or approached, and leaves it unattended by a competent person immediately present; or
(d) The person has in his or her possession a firearm while the person is under the influence of intoxicating liquor or of a controlled substance, as defined in section 18-18-102 (5). Possession of a permit issued under section 18-12-105.1, as it existed prior to its repeal, or possession of a permit or a temporary emergency permit issued pursuant to part 2 of this article is no defense to a violation of this subsection (1).
(e) He knowingly aims, swings, or throws a throwing star or nunchaku as defined in this paragraph (e) at another person, or he knowingly possesses a throwing star or nunchaku in a public place except for the purpose of presenting an authorized public demonstration or exhibition or pursuant to instruction in conjunction with an organized school or class. When transporting throwing stars or nunchaku for a public demonstration or exhibition or for a school or class, they shall be transported in a closed, nonaccessible container. For purposes of this paragraph (e), “nunchaku” means an instrument consisting of two sticks, clubs, bars, or rods to be used as handles, connected by a rope, cord, wire, or chain, which is in the design of a weapon used in connection with the practice of a system of self-defense, and “throwing star” means a disk having sharp radiating points or any disk-shaped bladed object which is hand-held and thrown and which is in the design of a weapon used in connection with the practice of a system of self-defense.
Based on the information provided in the article and the fact that the man was also charged with Driving Under the Influence, most likely his Prohibited Use of a Weapon charge stems from part (d) – possessing a firearm while under the influence of alcohol.
Greeley Felony Menacing Attorney: What is the Definition of Menacing?
The Colorado law definition of Menacing – C.R.S. 18-3-206 – is:
(a) By the use of a deadly weapon or any article used or fashioned in a manner to cause a person to reasonably believe that the article is a deadly weapon; or
(b) By the person representing verbally or otherwise that he or she is armed with a deadly weapon.
Obviously, the people who reported the driver claim that they saw the man point a gun at them and it scared them, which would meet the ‘fear of imminent serious bodily injury’ element. The fact that a deadly weapon was involved always heightens the charge to a felony in Greeley, Erie, and Evans.
Johnstown Driving Under the Influence Lawyer: What is the Definition of DUI in Greeley and Johnstown?
The Colorado law definition of Driving Under the Influence – C.R.S. 42-4-1301 – is:
When a person is pulled over by the Greeley Police or Weld County Sheriff, and there is the suspicion of alcohol usage, they will do whatever it takes to get probable cause for an arrest and trip to the Weld County Jail. This includes using numerous roadside tests and questioning to get what they want. It is important to note that roadside tests are VOLUNTARY. You are under no obligation to perform any of these tests. Don’t help give the police a reason to arrest you by agreeing to take these roadside tests.
If you or someone you love has been charged with DUI, Felony Menacing, or Prohibited Use of Weapons, be smart, exercise your right to remain silent, and contact the best Greeley criminal defense attorneys from the O’Malley Law Office at 970-616-6009 today. Together, we can protect your future.
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