Millersburg Case Study

MILLERSBURG — A Millersburg area man who admitted to being in possession of a loaded gun while driving drunk was ordered Wednesday to serve 10 days in jail.
Abraham M. Miller, 30, of 5094 Township Road 359, Apt. 5, previously pleaded guilty in Holmes County Common Pleas Court to an amended charge of improper handling of a firearm and operating a vehicle while intoxicated.
In exchange for his guilty plea and because Miller has no significant criminal history, the state agreed to reduce the weapons charge to a misdemeanor. Miller also agreed to forfeiture of two weapons seized during the incident.
Since his arrest, Miller has maintained employment and is participating in alcohol counseling, according to probation officer Dee Stidham, who noted,

“He understands the alcohol consumption needs to stop.”
Nevertheless, Judge Robert Rinfret, alluding to the number of people killed by drunken drivers, “There has to be a penalty for this because this was a very serious thing you did.”
He sentenced Miller to six months in the Holmes County Jail, suspending all but 10 days of the term, to be served on weekends.

The remainder of the six months will be served on electronically monitored house arrest; however, that term, as well as a one-year period of probation, could be shortened with prompt payment of all court costs and a $500 fine, said Rinfret.
The charge stems from a Nov. 28 incident. That's when, at 9:35 p.m., the Holmes County Sheriff's Office was contacted by a motorist concerned about a potentially impaired driver along state Route 557, north of Charm.
The caller reported the truck struck a guardrail, but continued operating along the roadway, weaving in and out of the lane of travel, according to Chief Deputy Richard Haun, who said that, with the license plate number provided by the caller, a deputy executed a traffic stop of the truck along U.S. Route 62, near Township Road 359.
As the deputy spoke with the driver, identified as Miller, he observed two long guns in the back seat of the vehicle. Miller admitted one of the two guns, a 40-caliber Hi-Point rifle, contained a loaded magazine. The other gun, a Model 870 shotgun, was not

loaded.
Both guns were inspected and seized. Ohio law prohibits the transport of a loaded firearm in a motor vehicle in a manner in which the gun is accessible to the driver or passenger, without leaving the vehicle.
During the encounter, the deputy also asked Miller to exit the vehicle. Miller reportedly had to be steadied by the deputy as he did so, said Haun, adding that Miller not only failed a field sobriety test, but his blood-alcohol content was 0.126.
Miller was arrested and transported to the Holmes County Jail, where a second breath test revealed his blood-alcohol content to be 0.102.