TexasCHLforum.com

jhutto wrote:FYI
still waiting to hear back from my lawyer on the plea stuff....

I'm just trying to get it straight in my head...

This offence/crime happened in NY...

8-9 years ago...

No active or past warrant issued???

It has not gone to trial...

The offence level was not restricting the obtaining of a Texas CHL, and that its been more than 5 years anyway...I haven't seen Felony float into this deal yet, so if the only thing is that its not gone to trial...

And our Texas CHL legal folks are not budging because of???

I agree with Charles at this point...Get it to trial, I would think this could be cleared up without you even heading back up that way...Judge should dismiss...DA doesn't have time for this namby-pamby thing that slipped through their cracks...

But thats just me...

This is really an interesting situation...

Good luck!

Sorry, I meant not a class a, or b, Which I guess would be undefined,... As reakless driving was.

Even if it's listed as a C on your record? Still "undefined"? You've heard cases of it being considered as if it were a class A or B?

I response to the class c question... there was a court case a while back that said just because it was a class c in one part of the law, didn't prevent the CHL law from defining it as a class A if it met the guidelines... Jail-time as a possible punishment.

jlh26oo wrote:

Sorry, I meant not a class a, or b, Which I guess would be undefined,... As reakless driving was.

Even if it's listed as a C on your record? Still "undefined"? You've heard cases of it being considered as if it were a class A or B?

I response to the class c question... there was a court case a while back that said just because it was a class c in one part of the law, didn't prevent the CHL law from defining it as a class A if it met the guidelines... Jail-time as a possible punishment.

I am not sure what your question is, but let me see if I can help; Reckless Driving is not a Class C Misdemeanor. Your last quote is incorrect. Class Cs, IN TEXAS, have no jail time attached and as such, are not a prohibitor from obtaining a CHL. Unless the Class C is disorderly conduct, which is a prohibitor.

In the Traffic laws, Reckless Driving lists a penalty. It is not exactly a Class B misdemeanor;



§545.401. Reckless driving; offense.

(a) A person commits an offense if the person drives a
vehicle in wilful or wanton disregard for the safety of persons or
property.

(b) An offense under this section is a misdemeanor punishable
by:

(1) a fine not to exceed $200;

(2) confinement in county jail for not more than 30 days;

What you see above is the offense of Reckless Driving AND the penalty.

What you see below is the punishment for Class B Misdemeanors;


§12.22. Class B misdemeanor.

An individual adjudged guilty of a Class B misdemeanor shall
be punished by:

(1) a fine not to exceed $2,000;

(2) confinement in jail for a term not to exceed 180 days; or

(3) both such fine and confinement.

Note that reckless is NOT a class B either. However, since it has jail time attached as punishment, it is a 5 year prohibitor for CHL.

Make sense?

Tx...

It appears that since this has not gone to any trial, if it did, and the case was dismissed, this guy should be good to proceed with their application and investigation in Austin right???

Taking 9 years to get to trial seems almost a done deal...But then again if I'm right thats NY for you...

I'm going on this because I think the folks in Austin are toating the line for the right reason, but once this thing is cleared up, they should be all over it then...

But thats just me...Austin is starting to concern me these days...

stevie_d_64 wrote: But thats just me...Austin is starting to concern me these days...

DPS also has a division called the Private Security Bureau. It makes the CHL division look professional.

txinvestigator wrote:

stevie_d_64 wrote: But thats just me...Austin is starting to concern me these days...

DPS also has a division called the Private Security Bureau. It makes the CHL division look professional.

Lordy...Can I crank call that office???

I wonder if they'd get mad or something...

stevie_d_64 wrote:

txinvestigator wrote:

stevie_d_64 wrote: But thats just me...Austin is starting to concern me these days...

DPS also has a division called the Private Security Bureau. It makes the CHL division look professional.

Lordy...Can I crank call that office???

I wonder if they'd get mad or something...

A person from that office called me the other day and left a message on my voice mail. Her accent was so bad I could hardly understand her, but she said (and I have saved the message) that she was from the "Department Security Office" and then went on with her message. it was only about halfway into the message, and based on the context that I was able to figure out what she was even calling about.

I wrote a flaming (but professional and polite) letter to them, and CCed the Director of DPS, the Private Security Board of Directors and the Director of the PSB.

txinvestigator wrote:

stevie_d_64 wrote:

txinvestigator wrote:

stevie_d_64 wrote: But thats just me...Austin is starting to concern me these days...

DPS also has a division called the Private Security Bureau. It makes the CHL division look professional.

Lordy...Can I crank call that office???

I wonder if they'd get mad or something...

A person from that office called me the other day and left a message on my voice mail. Her accent was so bad I could hardly understand her, but she said (and I have saved the message) that she was from the "Department Security Office" and then went on with her message. it was only about halfway into the message, and based on the context that I was able to figure out what she was even calling about.

I wrote a flaming (but professional and polite) letter to them, and CCed the Director of DPS, the Private Security Board of Directors and the Director of the PSB.

You know, I can almost hear what that must have sounded like...

I feel for you muh man...

I have called people in New England, and they have told me that they intentionally try to keep me on the phone just so they can hear my Texas accent.

However, with that said, some people have accents that are so 'thick' that it's almost impossible to understand them, weither they be from India, S.E. Asia, South America or just jolly 'ol England they be hard for this Texas boy to understand.

Frequently, when doing business on the phone, my wife and I both have to ask for someone else because 'we' simply can't understand what they are saying.

Russ

txinvestigator wrote: I am not sure what your question is, but let me see if I can help; Reckless Driving is not a Class C Misdemeanor. Your last quote is incorrect.

Hmm. So you think they just made a mistake in putting it as a class C on my record? Not only on public data, but I requested official copies from the clerk- it says class C.

So what you are saying is that even though RD is not a class C, and they made a mistake and put mine down as a class C for whatever reason, it's still five years from that conviction date because it COULD have had jail time? Thanks.