Orange County Sheriff deputies responded to a report of a van swerving on PCH last week, according to Dana Point Police Services.
They located the van parked outside a restaurant with the lights on and stopped along a red curb.
At first it appeared empty… until deputies spotted the driver asleep in the back.
When contacted, the driver showed signs of intoxication and advised there was a firearm inside the vehicle. Deputies safely secured the weapon and continued their investigation.
During a search of the van, deputies located an open bottle of vodka along with multiple controlled substances and other items that were later booked as evidence, including psilocybin mushroom gummies, LSD tabs, pill capsules containing an unknown substance, amphetamine pills, and a loaded firearm with a high-capacity magazine.
The driver was arrested for DUI, drug possession, and weapons violations and later booked into jail.
Safe to say this was not your average red curb violation.
Huge thank you to the observant community member who called this in. See something suspicious? Say something. You might help prevent a dangerous situation before it gets worse.
Legal Penalties Faced by the Suspect
Based on the specific details provided, the driver faces several serious felony and misdemeanor charges under California law. Because the incident involved the simultaneous possession of controlled substances and a loaded firearm, the potential penalties are significantly elevated.
Primary Felony Charge: Drug Possession While Armed
The most severe charge is likely a violation of California Health and Safety Code 11370.1, which makes it a felony to possess a usable amount of a controlled substance while armed with a loaded, operable firearm.
- Sentence: 2, 3, or 4 years in California state prison.
- Fine: Up to $10,000.
- Key Impact: Unlike simple possession, this is a “straight felony” (cannot be reduced to a misdemeanor) and disqualifies the defendant from drug diversion programs like Prop 36.
Weapons Violations
- Carrying a Loaded Firearm (PC 25850): Typically a misdemeanor (up to 1 year in jail), but it can be elevated to a felony if the driver is not the registered owner or has prior convictions. A felony conviction carries 16 months to 3 years in state prison.
- High-Capacity Magazine (PC 32310): Possession of a magazine holding more than 10 rounds is a “wobblette” in California, punishable as an infraction or a misdemeanor (up to 1 year in county jail).
DUI and Drug Possession
- DUI (VC 23152): For a first offense, this is a misdemeanor punishable by summary probation, fines (up to $1,800), and a license suspension of at least 6 months.
- Drug Possession (HS 11350/11377): Possession of LSD, psilocybin, and amphetamines without a prescription is generally a misdemeanor following Proposition 47, punishable by up to 1 year in county jail. However, as noted above, these are bundled into the felony charge due to the presence of the firearm.
Summary of Potential Penalties
| Violation | Classification | Potential Sentence |
|---|---|---|
| Possession while Armed | Straight Felony | 2, 3, or 4 years in state prison |
| Loaded Firearm | Misdemeanor/Felony | Up to 1 year (jail) or 3 years (prison) |
| High-Capacity Mag | Misdemeanor | Up to 1 year in county jail |
| DUI | Misdemeanor | Up to 6 months in jail (first offense) |
In addition to jail time, a felony conviction would result in a lifetime ban from owning or possessing firearms in California.