Search found 5 matches

by Keith B
Thu Jul 30, 2009 1:19 pm
Forum: General Texas CHL Discussion
Topic: Prior to Having License in Hand....
Replies: 93
Views: 17988

Re: Prior to Having License in Hand....

Budge wrote:The saga continues...

Even though the attorney for Texas DPS dropped their case against me, I had already filed a complaint against the officer for maliciously pursuing my suspension even after I offered to provide him with an affidavit of my innocence from the DPS.

Well they finished their review and basically determined that there was no evidence that the officer acted maliciously. The officer lied to the review board and said he never received a call from me (even though it was on his department voicemail system). And they blamed the fact that I was never sent copies of the Suspension Form (as required by Texas law so that I may defend myself in court) because of a misunderstanding with their Records Department. But it's been almost 3 months, and I still haven't received it.

I found out during the process that the officer was still pushing for my license suspension with the DPS AFTER I had filed my complaint and provided his Professional Standards Unit with a copy of an affidavit from the DPS stating that I had done nothing wrong. When asked why the officer did that, he stated that it wasn't his responsibility to look at the proof, and if I was really innocent, then I should go to court and prove it.

So I asked to speak with his superior officer. This guy has the gall to tell me that it doesn't matter what I say or what his officer or department did or didn't do. In his mind, I broke the law (regardless of what the DPS says) ... period. If I didn't like how I was treated, then I should take it up with the DPS. The truth of the matter is that even though his officer was under review, he didn't know any of the facts of the case, had not ever seen my affidavit, and has very little knowledge of the DPS codes regarding his responsibilities after reporting a violation. He didn't even know if his Records Department had followed up by sending me the required documents, even though he took sole credit for changing their policies to correct the misunderstanding.

So what it all boils down to is NEVER TRUST YOUR LOCAL LAW ENFORCEMENT TO DO THE RIGHT THING. According to them, that's not their job. My advice to anyone in Texas who is waiting for their CHL is NOT TO CARRY until you have the card in your hand. Don't every give them anything that they can use against you...chances are they will.
Sounds like a call to Chief Rushin as well as the City Attorney Diane Wetherbee might be in order to see what his/her take is on this.

Then again, since there is no other pursuit on this, I might just let it drop if it was me.
by Keith B
Mon Jun 22, 2009 10:08 am
Forum: General Texas CHL Discussion
Topic: Prior to Having License in Hand....
Replies: 93
Views: 17988

Re: Prior to Having License in Hand....

diveinstructor wrote:
lws380 wrote:My advise is to continue with your plans. I think the irresponsible person here was the officer. He is obviously arrogant, lacks common sense, and has no empathy or compassion. Not exactly what I would call as the ideal features of a police officer. Not persuing it sends a message that he can get away with his behavior. I also think you may help keep this from happening to another person in similar circmstances. :tiphat:
:iagree: The officer sounds like a young punk with a shiny new badge. He's letting his Harry Callahan ego overload his Barney Fife.
With all due respect you really don't know the background of the officer, so your statement is stereotyping. There are some very veteran officers who are as bad or worse on taking issues personally (like CHL or car carry) and having the view that they will write you for a violation no matter what because they don't believe in a non-LEO carrying. :banghead:
by Keith B
Sun May 10, 2009 9:51 pm
Forum: General Texas CHL Discussion
Topic: Prior to Having License in Hand....
Replies: 93
Views: 17988

Re: Prior to Having License in Hand....

gwholt1 wrote:Not to muddy the waters more, but what if you possess BOTH Texas and Utah; Texas and Floridia. Is there any requirement to present BOTH CHL licences if you are involved in a traffic stop situation? :headscratch
No, but you have to show one of them and you should present the Texas CHL as that shows on your DL check and they will want to know where it is.
by Keith B
Sun May 10, 2009 6:09 pm
Forum: General Texas CHL Discussion
Topic: Prior to Having License in Hand....
Replies: 93
Views: 17988

Re: Prior to Having License in Hand....

artx wrote:IANAL but having an out of state CHL doesn't exempt you from the Texas laws - you still must abide by them and show your CHL, regardless of state, to the officer since that is Texas state law. I wonder if you could still be charged with the class b for failure to provide license...
That is correct,and yes you can.
by Keith B
Wed May 06, 2009 4:22 pm
Forum: General Texas CHL Discussion
Topic: Prior to Having License in Hand....
Replies: 93
Views: 17988

Re: Prior to Having License in Hand....

FlynJay wrote:
Budge wrote:Thank you for all of your help.

I just spoke with the DPS (I called them). After explaining the situation, they told me what will happen:
1. The officer will file a report with them and send me a copy to my home address, notifying me and the DPS of his citation.
2. The DPS will forward the citation, along with the officers written comments, to a legal review board.
3. I will be notified about where and when to appear to appeal the citation. If I win the appeal, then the citation is dropped, but a record will always be kept at the DPS (officers will NOT be able to see it during traffic stops). If I lose the appeal, then I will lose my CHL for 90 days, and have only one more chance before I lose my CHL permanently and get a Class B Misdemeanor.

On a side note, the person I spoke with at the DPS said that my CHL approval was issued on May 1st. The traffic stop occurred on May 5th. According to the DPS, it takes 7-10 business days from the time the approval is granted to receive your CHL in the mail.

I was told that I could request a copy of my CHL record, showing the approval date. If I can get ahold of the officer before he submits his citation to the DPS and show him that I was not lying, maybe he can see his way clear not to submit it at all.
See if you can contact the officer's supervisor. Calmly explain the situation with the dates that DPS gave you. He may be able to stop the citation from ever being submitted. If not you are heading to a hearing where there will be a permanant mark on your record.

Also, when you recieve your license in the mail. Check the postmarked date on the envelope and be sure to keep the envelope. Since the license was issued on the 1st, good bet it either hasn't been mailed yet or was mailed on the 4th or the 5th, which will be evident by the postmark.
:iagree: Being proactive will maybe stop the issuance of a citation. Kind of like providing proof of insurance when you were stopped and didn't have it in the car; they will stop the ticket.
When you talk to the supervisor, offer to provide them confirmation from DPS of the date it was approved. I am sure they can email or fax something to you.

Good luck and let us know how this turns out! :thumbs2:

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