David Cox

A Republican challenger for Colorado’s House District 54 seat was cited by authorities Saturday night for suspicion of possession of a handgun while under the influence of alcohol, but a Grand Junction police officer who handled the case found there wasn’t probable cause to arrest him for driving under the influence, The Grand Junction Daily Sentinel reports.

David L. Cox, 28, of Grand Junction, was cited for prohibited use of a weapon, a misdemeanor, following a traffic stop by a Grand Junction officer just before 11:30 p.m. near the intersection of Grand Avenue and 11th Street, according to a copy of Cox’s summons.

Cox on Monday said he doesn’t plan to retain an attorney because he doesn’t believe prosecutors will have a case they can win.