When officers arrived on the scene, they detected an odor of alcohol from Gustaveson. Jensen says after the test she was placed into custody.
Officers then searched the school bus and found a firearm which belonged to Gustaveson, who has a concealed weapons permit.
This regarding a school bus driver found to be intoxicated, and having a firearm.
Now, I can see charging her with DUI since she was intoxicated, and she had had children on her bus that morning.
But the firearms charges are a little more challenging. Since she didn't do anything illegal with the firearm (and by 'do' I mean brandish, threaten or shoot anyone) I take exception to her being charged with anything. Regarding her having the firearm on the bus, one would have to look at state law regarding permit-holders having firearms on school property, and whether anything prohibited her from having the firearm on the bus while carting kids around.
Just having a firearm, even while intoxicated, doesn't trip my trigger.
You're allowed to exercise 1st amendment rights while intoxicated, aren't you?
You don't forfeit your 4th amendment rights if you're a bit tipsy, do you?
Just because you've imbibed a bit, you're still allowed certain constitutional guarantees ...
Unless you want to have a firearm with you.
For the record, I probably wouldn't convict.
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