TexasCHLforum.com

Budge wrote:Just an update...I received my CHL in the mail today. It was postmarked on May 5th, the same day as my traffic stop and 4 days after I was approved by the DPS.

Also, the DPS emailed me a letter stating that I was approved on May 1st, and that they acknowledge that it takes 7 to 10 days for the license to be received.

I have called and left a message for the police officer who made the traffic stop. Hopefully, he has not submitted the paperwork yet to the DPS. If he has, or chooses not to dismiss the incident even after reviewing my evidence, should I try to contact his commanding officer? Perhaps he/she could intervene. This officer apparently polices my neighborhood, though, and I don't want an even bigger problem with him in the future.

boomerang wrote:

ScottDLS wrote:

boomerang wrote:

FlynJay wrote:

cbr600 wrote:Why can't DPS do the math and realize it's a bogus charge? They know better than anyone else when they mailed your license.

It is not DPS's call to make.

It's not? Then who makes the decision whether or not to suspend the license?

Well now... actually it's the Justice Court in the license holder's precinct of residence, as cited in an earlier post. Assuming he requests a hearing.

It looks like they review the suspension if he requests a hearing. However, for there to be a suspension to review, somebody had to make the decision to suspend the license. I think that's DPS but I'm willing to be proven wrong.

cbr600 wrote:Why can't DPS do the math and realize it's a bogus charge? They know better than anyone else when they mailed your license.

Budge wrote:Thank you for all of your help.

I just spoke with the DPS (I called them). After explaining the situation, they told me what will happen:
1. The officer will file a report with them and send me a copy to my home address, notifying me and the DPS of his citation.
2. The DPS will forward the citation, along with the officers written comments, to a legal review board.
3. I will be notified about where and when to appear to appeal the citation. If I win the appeal, then the citation is dropped, but a record will always be kept at the DPS (officers will NOT be able to see it during traffic stops). If I lose the appeal, then I will lose my CHL for 90 days, and have only one more chance before I lose my CHL permanently and get a Class B Misdemeanor.

On a side note, the person I spoke with at the DPS said that my CHL approval was issued on May 1st. The traffic stop occurred on May 5th. According to the DPS, it takes 7-10 business days from the time the approval is granted to receive your CHL in the mail.

I was told that I could request a copy of my CHL record, showing the approval date. If I can get ahold of the officer before he submits his citation to the DPS and show him that I was not lying, maybe he can see his way clear not to submit it at all.

Budge wrote:As of right now, I have to wait for a call from someone at the DPS to contact me. Apparently, the first offense gets you a 90 CHL suspension. The 2nd offense gets you a Class B Misdemeanor and revokes your CHL permanently.

If the DPS officer who contacts me doesn't waive the citation, I'm not even sure how to contest it. Is there a governing body or court where I can appeal a CHL suspension? Under no circumstances will I accept a suspension of my CHL for this without some sort of appeal process.

GC 411. I87. SUSPENSION OF LICENSE. (a) A license may be
suspended under this section if the license holder:
(1) 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;
(2) fails to display a license as required by Section 411.205;
(3) fails to notify the department of a change of address or name
as required by Section 41 1 .I 81 ;
(4) carries a concealed handgun under the authority of this
subchapter of a different category than the license holder is licensed to
carry;
(5) fails to return a previously issued license after a license is
modified as required by Section 411.184(d);
TEXAS CONCEALED HANDGUN LAWS GC§411.188. 17
(6) commits an act of family violence and is the subject of an
active protective order rendered under Title 4, Family Code; or
(7) 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, 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) A license may be suspended under this section:
(1) for 30 days, if the person's license is subject to suspension for
a reason listed in Subsection (a)(3), (4), or (5), except as provided by
Subdivision (3);
(2) for 90 days, if the person's license is subject to suspension for
a reason listed in Subsection (a)(2), except as provided by Subdivision
(3);
(3) for not less than one year and not more than three years if the
person's license is subject to suspension for a reason listed in Subsection
(a), other than the reason listed in Subsection (a)(l), and the
person's license has been previously suspended for the same reason;
(4) until dismissal of the charges if the person's license is subject
to suspension for the reason listed in Subsection (a)(l ); or
(5) 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
Subsection (a)@); 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)(7).

GC $411 .I 80. NOTIFICATION OF DENIAL, REVOCATION, OR
SUSPENSION OF LICENSE; REVIEW. (a) The department shall
give written notice to each applicant for a handgun license of any
denial, revocation, or suspension of that license. Not later than the
30th day after the notice is received by the applicant, according to the
records of the department, the applicant or license holder may request
a hearing on the denial, revocation, or suspension. The applicant must
make a written request for a hearing addressed to the department at
its Austin address. The request for hearing must reach the department
in Austin prior to the 30th day after the date of receipt of the written
notice. On receipt of a request for hearing from a license holder or
applicant, the department shall promptly schedule a hearing in the
appropriate justice court in the county of residence of the applicant or
license holder. The justice court shall conduct a hearing to review the
denial, revocation, or suspension of the license. In a proceeding under
this section, a justice of the peace shall act as an administrative
hearing officer. A hearing under this section is not subject to Chapter
2001 (Administrative Procedure Act). A district attorney or county
attorney, the attorney general, or a designated member of the department
may represent the department.
(b) The department, on receipt of a request for hearing, shall file the
appropriate petition in the justice court selected for the hearing and
send a copy of that petition to the applicant or license holder at the
address contained in departmental records. A hearing under this
section must be scheduled within 30 days of receipt of the request for
a hearing. The hearing shall be held expeditiously but in no event
more than 60 days after the date that the applicant or license holder
requested the hearing. The date of the hearing may be reset on the
motion of either party, by agreement of the parties, or by the court as
necessary to accommodate the court's docket.
(c) The justice court shall determine if the denial, revocation, or
suspension is supported by a preponderance of the evidence. Both the
applicant or license holder and the department may present evidence.
The court shall affirm the denial, revocation, or suspension if the court
determines that denial, revocation, or suspension is supported by a
preponderance of the evidence. If the court determines that the denial,
revocation, or suspension is not supported by a preponderance of the
evidence, the court shall order the department to immediately issue or
return the license to the applicant or license holder.
(d) A proceeding under this section is subject to Chapter 105, Civil
Practice and Remedies Code, relating to fees, expenses, and
attorney's fees.
(e) A party adversely affected by the court's ruling following a
hearing under this section may appeal the ruling by filing within 30
days after the ruling a petition in a county court at law in the county in
which the applicant or license holder resides or, if there is no county
court at law in the county, in the county court of the county. A person
who appeals under this section must send by certified mail a copy of
the person's petition, certified by the clerk of the court in which the
petition is filed, to the appropriate division of the department at its
Austin headquarters. The trial on appeal shall be a trial de nova
without a jury. A district or county attorney or the attorney general may
represent the department.
(f) A suspension of a license may not be probated.
(g) If an applicant or a license holder does not petition the justice
court, a denial becomes final and a revocation or suspension takes
effect on the 30th day after receipt of written notice.
(h) The department may use and introduce into evidence certified
copies of governmental records to establish the existence of certain
events that could result in the denial, revocation, or suspension of a
license under this subchapter, including records regarding convictions,
judicial findings regarding mental competency, judicial findings
regarding chemical dependency, or other matters that may be established
by governmental records that have been properly authenticated.
(i) This section does not apply to a suspension of a license under
Section 85.022, Family Code, or Article 17.292, Code of Criminal
Procedure