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by shortysboy09
Wed Jan 13, 2010 6:00 am
Forum: General Texas CHL Discussion
Topic: loud music ticket haunting me
Replies: 26
Views: 7614

Re: loud music ticket haunting me

srothstein wrote:Before you apply, I strongly suggest you contact the court and find out the exact charge on the ticket. If you were written a ticket under the Transportation Code or a city ordinance, you are fine and have no problems with your CHL. But if you were charged and convicted under the disorderly conduct statutes, you cannot get a CHL for 5 years from the date of conviction. In your specific case, disorderly conduct subsection 42.01(a)(5) is the possible charge:

(5) makes unreasonable noise in a public place other than a sport shooting range, as defined by Section 250.001, Local Government Code, or in or near a private residence that he has no right to occupy;

This would be a class C misdemeanor for which you only paid a fine but it stops you from getting a CHL for 5 years.

You will need to verify the exact section of the law you were charged and convicted under.
Class C misdemeanors can still prevent him from getting a CHL? I was under the impression it had to be Class B or above?
by shortysboy09
Tue Jan 12, 2010 8:00 am
Forum: General Texas CHL Discussion
Topic: loud music ticket haunting me
Replies: 26
Views: 7614

Re: loud music ticket haunting me

cubbyjg wrote:Great, thanks for the help to both of you. :mrgreen:
Anytime, I hope to see your Wally Walk soon!
by shortysboy09
Tue Jan 12, 2010 7:44 am
Forum: General Texas CHL Discussion
Topic: loud music ticket haunting me
Replies: 26
Views: 7614

Re: loud music ticket haunting me

Here's some info. that may be of use. I will call special attention to the part highlighted in Red



Most disorderly conduct offenses are Class C misdemeanors, punishable by a fine of up to $500, except for firing or displaying a gun in public. Those are Class B misdemeanors, with a sentence of up to 180 days in jail and/or a fine of up to $2,000.

Typically, you will receive either a small fine, or in the gun cases, possibly probation for a disorderly conduct conviction.

However, there are several defenses to disorderly conduct, which we can present for you if you choose to fight the criminal charges. Depending on the circumstances of the incident, we may be able to argue either that you did not commit the act, or that:

l You did not use fighting words even if your language included profanity or vulgar terms.

l You had “significant provocation” for you to threaten or verbally abuse the other person, an affirmative defense specifically allowed for in the disorderly conduct statute.

l You had a reasonable fear for your own safety, or the safety of another person when you got into a fight, fired a gun, or displayed a gun.

l Or, that you did not act with lewd intent if charged with peeping, or were not aware people could see you, if charged with exposing yourself.

Credit for this article goes to: http://www.mytexasdefenselawyer.com/tex ... y-conduct/" onclick="window.open(this.href);return false;



What I'm seeing there is that you more than likely received a Class C misdemeanor which is NOT grounds for dis-qualification from getting your CHL. Had you received a Class B then you would have a problem.

If you weren't arrested for the noise violation DPS will likely not care much about this ticket.
by shortysboy09
Tue Jan 12, 2010 6:03 am
Forum: General Texas CHL Discussion
Topic: loud music ticket haunting me
Replies: 26
Views: 7614

Re: loud music ticket haunting me

You should be just fine. Like Dragonfighter said, don't sweat it. If that's the worse trouble you have been in it should be smooth sailin for you!

Also, Welcome to the TexasCHLforum! You're going to enjoy it here. Let us know how your CHL process goes!

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