loud music ticket haunting me

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cubbyjg
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loud music ticket haunting me

#1

Post by cubbyjg »

Back when I was in college, I was pulled over and given a ticket because my music was too loud. I know, real dumb. I just got a job offer and was excited. I ended up going to court and paid the fine. From what I have read, those type of tickets are considered to be class c misdemeanors. I also read something about disorderly conduct and loud sounds in public. Will this ticket hinder me from gaining my chl? Other than that my record is clean.
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Re: loud music ticket haunting me

#2

Post by cubbyjg »

And I believe it happened about three years ago
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Re: loud music ticket haunting me

#3

Post by Dragonfighter »

You in effect received a traffic ticket albeit a non-moving violation. Speeding is a class C misdemeanor. Don't sweat it. IIRC you don't even have to mention it on your app.
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Re: loud music ticket haunting me

#4

Post by shortysboy09 »

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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Re: loud music ticket haunting me

#5

Post by cubbyjg »

So they wont consider it disorderly conduct? For the life of me, i cannot remember what was exactly on the ticket but it was a bunch of nonsense. I was starting to get worried because when i read the section 42.01 of the penal code, i thought it would apply to me. Im a little more at ease now.
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Re: loud music ticket haunting me

#6

Post by shortysboy09 »

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.
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Re: loud music ticket haunting me

#7

Post by cubbyjg »

Great, thanks for the help to both of you. :mrgreen:
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Re: loud music ticket haunting me

#8

Post by shortysboy09 »

cubbyjg wrote:Great, thanks for the help to both of you. :mrgreen:
Anytime, I hope to see your Wally Walk soon!
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Re: loud music ticket haunting me

#9

Post by srothstein »

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.
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Re: loud music ticket haunting me

#10

Post by shortysboy09 »

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?
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Re: loud music ticket haunting me

#11

Post by Oldgringo »

I, for one, would like to see a lot more enforcement of the various noise abatement ordinances. :thumbs2:
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Re: loud music ticket haunting me

#12

Post by Keith B »

shortysboy09 wrote:
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?
The code that srothstein is refering to is for disorderly conduct, and also includes fighting, and other items. As he stated, this is one Class C that can prevent you from getting your CHL or get it revoked.
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Re: loud music ticket haunting me

#13

Post by gregthehand »

Although it by no means applies here I think you can get denied if you have been convicted of Class C Assault Family Violence.
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Re: loud music ticket haunting me

#14

Post by cubbyjg »

Great...It was so long ago i dont even remember the location of the court or have any of the paper work. Is there a way i can get a copy of my record or something? If so, where do i begin the search?
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Re: loud music ticket haunting me

#15

Post by cubbyjg »

Okay, well i found the court location. I remember that because it was on 6th street in Austin, Tx. I went to a municipal court and spoke to a judge and paid the fine. I remember on the ticket, the officer wrote disturbing the peace. I guess ill call the court tomorrow.
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