Q: My brother was arrested in TN for possession of handgun while under the influence.(meth) He had a seizure during tornado
EMTs arrived and asked if he was on anything. He had done it approx 12 hrs before the seizure. No drugs on him. Handgun was found underneath him. I told them he had done a lil bit earlier in day, but not since. Was given option to go to hospital or jail. He chose hospital. 2yrs later found out he had warrant. Since no tests can prove intoxication level, is this a possible defense for dismissal? Is there case law to use for example?
A: This is a Class A Misdemeanor, which affects the Handgun Carry Permit and prevents purchase of weapons from a FFL. Hire a competent attorney to turn him in and attempt to work it out. He may be able to Divert it. Or prepare for a Preliminary Hearing, which will be a little complicated for the State.
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