TexasCHLforum.com

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

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

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.

So I am trying to get the DA to accept a plea to DUI under 21, which does not cary the possibility of jail time... One of the few offences in NY...

Any Idea what state that would be?
I would be super happy to find out I can ignore this stupid law issue...
Also, I did find the definition in blacks law dictionary.

Offense
A violation of the law; a crime, often a minor one.

This could be read to mean an Offense would be a crime, which in NY a traffic infration is not a crime.
FYI I believe reakless driving in texas is a class C Misd, but it does carry the possibility of jailtime. Same end result.
Thanks fgor any help in finding a sympathetic state!

I am going to have to plea not guilty if they will not let me have my CHL with this... I have to get my CHL!!!!! It is my mission.

8) the applicant must not, in the five years preceding the date of application, have been convicted of a Class A or Class B misdemeanor or an offense under Texas Penal Code, §42.01. An offense is considered a Class A misdemeanor if the offense is not a felony and confinement in a jail other than a state jail felony facility is affixed as a possible punishment;
....
I talked to DPS, They have consulted their lawyer and have informed me they will deny any CHL applications which include a speeding ticket or any other violation of the New York traffic code. I think this is obsene, I have requested that they define "Offense" in the above section. I believe the definition should only include violations of criminal law, not traffic violations.... Sorry sir, you were going three miles over the speed-limit in NY. Please hand in your CHL license for 5 years. bull

So is an infraction an offence? An infraction is not any level of Misd. in NY.
I do not see offence defined in the definitions section of the texas law. Should I ask DPS what their interpretation is? I did see one case on a texas reakless driving case, (class C) but because of the wording of the CHL-law they ruled it was a class A for that purpose. He lost his CHL....

Ok, well In NY the state lists jail time as a possible punishment, so am I right that the CHL law takes this as a class a misd?
Thanks

txinvestigator, what are you trying to say by quoting those 2 things? Do you agree with my conclution.. or Iam I reading somthing wrong. I hope I am wrong.

So. This also works for you current CHL holders.
If you get a speeding ticket, (or any other penal code violation BTW) in the state of NY, it is considered a class A misd. by texas CHL laws.
Look-out

NY law ::

vehicle and traffic law/title 9 /article 45/section 1800:

"Every person convicted of a traffic infraction for a violation of any of the provisions of this chapter or of any ordinance, order, rule or regulation adopted pursuant to section sixteen hundred thirty or sixteen hundred thirty-one for which another penalty is not provided shall for a first conviction thereof be punished by a fine of not more than one hundred fifty dollars or by imprisonment for not more than fifteen days or by both such fine and imprisonment"
It does not alternativly define a penalty for speeding.
Therfore any speeding infration in the state of NY is a class A Misd, under texas chl law.

Ok, so the DWIA is a traffic violation in the state of New York not a criminal offense such as DWI, or DUI, It carries up to 15 day's in jail as a possible punishment. Now, speeding and all other traffic violations carry the same 15 day jail possibility. If I remember correctly, the wording of the CHL law states it is a class a or b misdomiener if texas law would define it as such. I looked up the texas law defining misdomieners and it say' Anything that carries a possibility of a jail sentence is a class a or b misdomiener. Does this mean if I got a speeding ticket in NY I could not get a CHL in texas?

I thought the 5 years was only for a class A or B misd.

Well it was 8 or 9 years ago, but evidently I did not deal with it then. If I accept the plea now,will I have to wait 5 years, from when the plea is accepted? This happened a long Time ago. I found all this out when calling to get information about what I thought was a dismissed charge. It turns out there were two charges, and only one was dissmissed. Stupid lawyer...Stupid me...