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HankB wrote:IANAL, but since your friend was not driving a motor vehicle, and hence was not required to - and did not! - take a breathalyzer, any evidence of PI would be, well, flimsy, unless the LEO has video of your buddy staggering around or puking his guts out in an alley.

So from your post it sounds like the only evidence is the cop saying "Well, he looked like he could have been drunk" or words to that effect.

Unless there's more to it than what you posted, IMHO any halfway decent lawyer ought to be able to get this tossed for lack of evidence.

Charles L. Cotton wrote:Class A and B misdemeanors within 5 years of application (new or renewal) for a CHL are disqualifying. Also, if his CHL is revoked because he became ineligible due to the conviction(s), then he has to wait an additional 2 years. As a final insult, if the defendant gets deferred adjudication or probation, the exclusionary period doesn't begin until after the deferred period is over!


Chas.

Here is the operative Code Sections:

§ 411.186. REVOCATION. (a) A license may be revoked
under this section if the license holder:

(3) subsequently becomes ineligible for a license
under Section 411.172, unless the sole basis for the ineligibility
is that the license holder is charged with the commission of a Class
A or Class B misdemeanor or an offense under Section 42.01, Penal
Code, or of a felony under an information or indictment;

(c) A license holder whose license is revoked for a reason
listed in Subsections (a)(1)-(5) may reapply as a new applicant for
the issuance of a license under this subchapter after the second
anniversary of the date of the revocation if the cause for
revocation does not exist on the date of the second anniversary. If
the cause for revocation exists on the date of the second
anniversary after the date of revocation, the license holder may
not apply for a new license until the cause for revocation no longer
exists and has not existed for a period of two years.