- Associated Press - Monday, July 27, 2015

CARSON CITY, Nev. (AP) - Nevada Assemblyman Richard Carrillo was found guilty Monday of driving under the influence and possessing a firearm while intoxicated, but he won’t have to serve jail time in the case.

The Democratic lawmaker from Las Vegas was arrested in Carson City early the morning of Feb. 27, while the Legislature was in session. Witnesses said they found him asleep in the driver’s seat of his idling car near Jimmy G’s Cigar Bar with a loaded .22-caliber pistol in his front pocket.

“You were in a position to commence driving,” Judge John Tatro said at the end of a three-hour bench trial, ruling that Carrillo met the DUI standard of being in actual physical control of the vehicle. “You had the opportunity to not get in the car, to not get in the driver’s seat.”

Carrillo was ordered to pay $800 in fines and fees, serve 42 hours of community service, and give up guns for a year. But he wasn’t given the suspended, 30-day jail sentence that prosecutors sought. He has 10 days to decide whether to appeal - something his lawyers said they’re recommending.

Private security guard Michael Lawrence testified that he was patrolling the area Feb. 27 when he noticed a pair of feet sticking out from a planter box. He said he found Carrillo asleep in the shrubbery and asked him whether he needed a cab, but Carrillo declined the offer.

He said he found Carrillo a short time later sleeping in his running car with vomit outside the door. Carson City deputies arrived and arrested the lawmaker, who then spent about six hours in jail.

Tests later revealed that Carrillo’s blood alcohol content was 0.10 percent at the time of arrest, which is above the legal driving limit of 0.08.

Carrillo, who was at the trial Monday, did not testify on his own behalf and declined to comment after the trial.

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