TexasCHLforum.com

Oops, I should have read the initial post. I thought the charge was reckless driving, but I see they are offering "reckless driving" as a plea agreement. Sorry for the misreading.

Like txinvestigator, I'm shocked a speeding ticket can get you 15 days in jail in NY! However, DPS has no choice with this fact pattern as the statute clearly makes this a Class A misdemeanor for purposes of the Texas CHL statute, since jail time was a possible punishment. I wholeheartedly agree with you that this is absurd, but the problem is with NY law that provides jail time for speeding tickets. But note, reckless driving in Texas is either a Class A or Class B misdemeanor (I can't recall which) and isn't a Motor Vehicle Code Class C violation. So, a "reckless driving" conviction in Texas would have the same effect.

If I were in your position, I'd check to see if I could get a CHL from another state that is recognized in Texas.

Chas.

txinvestigator wrote:Good question. if a warrant is issued then it last forever. However, if the state just sits on it, I don't know. This was NY, so Texas law is probably different...Charles???

I don't know either. I don't think the speedy trial act is an issue since a warrant was issued, but if he was easily located I sure think a prosecutor would be willing to simply drop the charges after this long. But, we are talking about NY, so all bets are off.

This isn't legal advice, but if I were in that situation, I'd take it to trial. I bet the state will have a tough time finding a witness who can testify from personal knowledge this long after a minor event. If it was something memorable like a murder, rape, big drug bust perhaps, but not a reckless driving citation.

Chas.