Help understanding statute re: license suspension

CHL discussions that do not fit into more specific topics

Moderators: carlson1, Charles L. Cotton

Post Reply
RHenriksen
Senior Member
Posts: 2058
Joined: Sun Mar 01, 2009 1:59 pm
Location: Houston

Help understanding statute re: license suspension

Post by RHenriksen »

I was talking w. a friend about the risk to your CHL of driving TOO fast (like, really really fast) on public roads. I believe you can 'score' a class A or B misdemeanor when you get into the triple digit speeds?

Anyway, I went to the statute to see just what the license risk was - and I can't make heads or tails out of it. The class A or B misdemeanor is referenced in section (a)(1), but the later section (c) seems to discuss the length of suspension for everything discussed above *except* for (a)(1)... help?

==================================================

GC §411.187. SUSPENSION OF LICENSE. (a) The department shall suspend a license under this section if the license holder:
(1) is charged with the commission of a Class A or Class B misde-meanor or equivalent offense, or of an offense under Section 42.01, Penal Code, or equivalent offense, or of a felony under an information or indictment;
(2) fails to notify the department of a change of address, name, or status as required by Section 411.181;
(3) carries a concealed handgun under the authority of this subchapter of a different category than the license holder is licensed to carry;
(4) fails to return a previously issued license after a license is modified as required by Section 411.184(d);
(5) commits an act of family violence and is the subject of an active protective order rendered under Title 4, Family Code; or
(6) is arrested for an offense involving family violence or an offense under Section 42.072, Penal Code, and is the subject of an order for emergency protection issued under Article 17.292, Code of Criminal Procedure.
(b) If a peace officer believes a reason listed in Subsection (a) to suspend a license exists, the officer shall prepare an affidavit on a form provided by the department stating the reason for the suspension of the license and giving the department all of the information available
to the officer at the time of the preparation of the form. The officer shall attach the officer's reports relating to the license holder to the form and send the form and the attachments to the appropriate division of the department at its Austin headquarters not later than the fifth working day after the date the form is prepared. The officer shall send a copy of the form and the attachments to the license holder. If the license holder has not surrendered the license or the license was not seized as evidence,
16 TEXAS CONCEALED HANDGUN LAWS
the license holder shall surrender the license to the appropriate division of the department not later than the 10th day after the date the license holder receives the notice of suspension from the department unless the license holder requests a hearing from the department. The license holder may request that the justice court in the justice court precinct in which the license holder resides review the suspension as provided by Section 411.180. If a request is made for the justice court to review the suspension and hold a hearing, the license holder shall surrender the license on the date an order of suspension is entered by the justice court.
(c) The department shall suspend a license under this section:
(1) for 30 days, if the person's license is subject to suspension for a reason listed in Subsection (a)(2), (3), or (4), except as provided by Subdivision (2);
(2) for not less than one year and not more than three years, if the person's license:
(A) is subject to suspension for a reason listed in Subsection (a), other than the reason listed in Subsection (a)(1); and
(B) has been previously suspended for the same reason;
(3) until dismissal of the charges, if the person's license is subject to suspension for the reason listed in Subsection (a)(1); or
(4) for the duration of or the period specified by:
(A) the protective order issued under Title 4, Family Code, if the person's license is subject to suspension for the reason listed in Sub-section (a)(5); or
(B) the order for emergency protection issued under Article 17.292, Code of Criminal Procedure, if the person's license is subject to suspension for the reason listed in Subsection (a)(6).
I'll quit carrying a gun when they make murder and armed robbery illegal

Houston Technology Consulting
soup-to-nuts IT infrastructure design, deployment, and support for SMBs
User avatar
snatchel
Senior Member
Posts: 1429
Joined: Thu Mar 31, 2011 1:16 pm
Location: West Texas

Re: Help understanding statute re: license suspension

Post by snatchel »

My buddy and I were pulled over in his twin turbo Z06 about a year ago by the DPS, out between Coleman and Cross Plains. The DPS trooper liked the car, but hated that he was clocked at 121 MPH. Trooper said he could have been taken to jail (reckless endangerment I think? I forgot), but gave him a ticket for 90 in a 70 mph zone instead. So yeah, the way I see it, you could in fact get a class A/B for sure.
No More Signature
User avatar
sjfcontrol
Senior Member
Posts: 6267
Joined: Wed Oct 28, 2009 7:14 am
Location: Flint, TX

Re: Help understanding statute re: license suspension

Post by sjfcontrol »

If you're charged with a class A or B misdemeanor, a felony, or a Disorderly Conduct charge, your license is (can be) suspended until the charges are resolved. (The arresting officer needs to fill out paperwork and submit to DPS for this to happen.)

If the charges are dismissed, or you're found not guilty, your license is reinstated.

If you are found guilty, your license will be revoked.

If the charge was class A or B misdemeanor, or DC, and if DPS has to request you to send in your revoked license, the revocation is good for 7-years. If you voluntarily surrender your license, the revocation is for five years. To get your license back, you must apply (and take the class) as a new licensee.

Hope this helps -- please slow down!
Range Rule: "The front gate lock is not an acceptable target."
Never Forget. Image
RHenriksen
Senior Member
Posts: 2058
Joined: Sun Mar 01, 2009 1:59 pm
Location: Houston

Re: Help understanding statute re: license suspension

Post by RHenriksen »

Thanks! No, it wasn't be driving like that - I go to trackdays for my high speed jollies.

Speaking of which, Charles has a Corvette! Wonder if he's ever come out for a track day... ?
I'll quit carrying a gun when they make murder and armed robbery illegal

Houston Technology Consulting
soup-to-nuts IT infrastructure design, deployment, and support for SMBs
Post Reply

Return to “General Texas CHL Discussion”