Page 1 of 1
I have a DWLS in and a deferred ajudacation
Posted: Mon Jan 05, 2009 6:25 pm
by NuBer92
I am new to his forum and i would like to get info before apply for my CHL and avoid feeling foolish when/if they deny me.
on the DWLS it was really a case of forgotten surcharges, but now i have my VALID DL, but i was convicted of this misdemeanor. I think it was a C, and that disposition date was 10\07 and i also have a deferred from 2004 in which i took 2 year probation and i completed that in 06. Am i completely disqulified from 10\07 or 11\07.
and i guess i should also ask does it count from the disposition date or the filed date. thank you
Re: I have a DWLS in and a deferred ajudacation
Posted: Mon Jan 05, 2009 6:59 pm
by aardwolf
I'm not a lawyer and I don't know what DWLS is but it it's a class C misdemeanor you should be eligible.
Re: I have a DWLS in and a deferred ajudacation
Posted: Mon Jan 05, 2009 7:36 pm
by WildBill
Driving While License Suspended? IANAL, but I'm a good guesser.
Re: I have a DWLS in and a deferred ajudacation
Posted: Mon Jan 05, 2009 7:39 pm
by Crossfire
DWLS - driving while license suspended? A Class C misdemeanor does not disqualify you from a CHL, except for a disorderly conduct charge.
All time periods of disqualification are from the date of conviction.
Don't know what your deferred adjudication or probation was for, but if it was also a Class C, then you should be good to go.
Re: I have a DWLS in and a deferred ajudacation
Posted: Mon Jan 05, 2009 9:59 pm
by NuBer92
the deferred was originally tampering with gov docs reduced to misd possession of a criminal instrument. i have not had any violent or otherwise community threatning charges.
Oh to be young and stupid. Im glad those days are behind me. Thank you for your help guys.
Re: I have a DWLS in and a deferred ajudacation
Posted: Mon Jan 05, 2009 10:18 pm
by boomerang
NuBer92 wrote:the deferred was originally tampering with gov docs reduced to misd possession of a criminal instrument.
What class misdemeanor? If it was class C you should be OK. If it was class A or B it's a 5 year wait.
16.01. UNLAWFUL USE OF CRIMINAL INSTRUMENT.
(a) A person commits an offense if:
(1) he possesses a criminal instrument with intent to use it in the commission of an offense; or
(2) with knowledge of its character and with intent to use or aid or permit another to use in the commission of an offense, he manufactures, adapts, sells, installs, or sets up a criminal instrument.
(b) For the purpose of this section, "criminal instrument" means anything, the possession, manufacture, or sale of which is not otherwise an offense, that is specially designed, made, or adapted for use in the commission of an offense.
(c) An offense under Subsection (a)(1) is one category lower than the offense intended. An offense under Subsection (a)(2) is a state jail felony.
Re: I have a DWLS in and a deferred ajudacation
Posted: Mon Jan 05, 2009 11:00 pm
by KRM45
You'll need to review the disposition paperwork. DWLI was a class B prior to september 2007.
If it was a class C you should be fine, but I belive you would need to wait the 5 years on a class B even if the offense is subsequently changed to a class C.
Re: I have a DWLS in and a deferred ajudacation
Posted: Thu Jan 08, 2009 3:35 am
by NuBer92
I did a records search on TXDPS website, only 3.52 for one search credit, and i am ineligible for five years since my DWLI. Oh well, a man can dream.
Re: I have a DWLS in and a deferred ajudacation
Posted: Thu Jan 08, 2009 8:09 am
by KRM45
NuBer92 wrote:I did a records search on TXDPS website, only 3.52 for one search credit, and i am ineligible for five years since my DWLI. Oh well, a man can dream.
Sorry to hear about that. You might want to read up on the Motorist Protection Act...