Disorderly Conduct ticket

[capttjk]

Hey everyone,

Just a quick question. I know this has probably been talked about before but I want to know what will happen.

I got a ticket for Disorderly Contduct-language. Class C. Did NOT get arrested and its just a ticket which the police officer said was on the same level as a speeding ticket. I have never had anything like this in my life and have had my CHL for 9 years. I have a lawyer working on it and she said if they can't get it dismissed, I can probably get a deferred adjudication and get rid of it that way.

My understanding from what I have always learned is that a Class C didn't matter for a CHL. But when I read the statute is sounds like ANY Disorderly Conduct will cause you to loose your CHL. If so, will going the route of deferred adjudicaiton keep a revocation from occuring?

Just curious as to what will happen.

thanks for the imputs.

[Charles L. Cotton]

A Class C Disorderly Conduct "conviction" will result in revocation of your CHL and you will not be eligible to reapply for 7 years. (5 years for the conviction + 2 penalty years.) A "deferred adjudication" is statutorily defined as a "conviction" for CHL eligibility purposes. You may want to consider fighting the ticket.

Chas.

[gigag04]

Hmmm....

So what did you do to get a DOC-Lang ticket?

[Keith B]

Hmmm....

So what did you do to get a DOC-Lang ticket?

Just a reminder that any form of profanity (abbreviated, substituted, pseudo or actual) is not allowed on the forum, so do not post it.

[gigag04]

Yeah good call KB!

I'm not interested in which cuss word got you the paper...more interested in what scenario had the cops there in the first place, what led to you cussing, and who was around.

[tacticool]

Maybe he didn't notice the fire marshal shopping in Walmart.

[marksiwel]

Hey everyone,

Just a quick question. I know this has probably been talked about before but I want to know what will happen.

I got a ticket for Disorderly Contduct-language.

Remember that Pesky Freedom of speech?

[capttjk]

Here is the story:

The CHL was never brought into the picture at all. Basically I had the day off and was dropping lunch off to my wife who is a teacher at her school. I never bring any firearms anywhere near her school when I go to see her so I had no weapons of any type with me or in my car or anything.

Basically, My wife told me to park my car in a school faculty lot because both of our cars are registered to be there. I was confonted by a private security guard who was rude and kinda threating a few moments after parking. He blocked my car in and called the ISD police over because he didn't know who I was and he wouldn't let me leave. I tried to explain I was visiting my wife who is a teacher during her lunch hour. I was upset at his attidute and basically asked him why he was being such a jerk (I used a different word) . That wasn't the right thing for me to do I guess, but after being yelled at by a parking lot security guard for 5 minutes I was kinda upset.

When the cop showed up he was great, and calmed everything down. But since the security guard was "offended" by my use of a bad word, the cop said he had no choice but to write me a ticket. Pretty rediculous incident. I then had lunch with my wife.

I didn't get arrested or anything like that. Its a minor fine if I wanted to pay it and I wouldn't even have to go to court at all, but I have a lawyer who is going to write a letter and get a meeting with the Fort Bend CO DA office prior to the court date to see what they can work out. She said there is a chance they will just drop it but worst case is a short deferred adjudication.

I would just hate to loose my CHL for saying a bad word. Just seems a little overboard for such a dumb situation. I shouldn't have said what I said, but after being yelled at and talked down to by a minumum wage parking lot security guard, I just got a little upset.

I hope my lawyer can work it out. If anyone has any suggestions, please don't hesitate to pass them on.

[CrimsonSoul]

I would fight it as calling that guy a ....... it's not even close to matching this

§ 42.01. DISORDERLY CONDUCT. (a) A person commits an
offense if he intentionally or knowingly:
(1) uses abusive, indecent, profane, or vulgar
language in a public place, and the language by its very utterance
tends to incite an immediate breach of the peace;


so unless using the word you did tends to incite an immediate breach of the peace it doesn't seem like it would fly..

IANAL!

[capttjk]

I would fight it as calling that guy a ....... it's not even close to matching this

§ 42.01. DISORDERLY CONDUCT. (a) A person commits an
offense if he intentionally or knowingly:
(1) uses abusive, indecent, profane, or vulgar
language in a public place, and the language by its very utterance
tends to incite an immediate breach of the peace;


so unless using the word you did tends to incite an immediate breach of the peace it doesn't seem like it would fly..

IANAL!

Good point, believe me I was shocked at all of this.

I have never had any brush with the law in my life except for a ticket for rolling through a stop sign once. I never knew that saying a word that you hear on TV during primetime would get you into trouble.

What really bothers me is the possible loss of my CHL over this. Seems way to excessive for something so small.

[tacticool]

If he didn't take a swing at you, your language by its very utterance did NOT incite an immediate breach of the peace.

[marksiwel]

If using that kind of language is an offense, I should be in jail!
Fight it, call the ACLU!

[gigag04]

Well - lucky for you the cop can't write that ticket.

If this story is true, you can't write a ticket for Class C violations outside of your presence. You have the give the "victim" an application for complaint and they go down to the DA or a Magistrate and swear out a complaint. This is like a Probable Cause statement for a Class C violation.

Maybe the lawyers can back me up here, but this is my understanding of it.

[capttjk]

plus, what I was also upset about was his behavior. I am not sure about this, but does a security guard have the right to ask for ID? Does he have the right to block my car and not let me leave, basically detaining me? I felt this was overstepping the authority of a security guard who was in no way a police officer.

I have just never encountered anything like that. Plus I got bad advice from my wife who told me to park in that lot. I guess I should have just parked in the main lot, but since both of our cars are registered with the school, my wife said parking there would be no problem. She was wrong!

[marksiwel]

plus, what I was also upset about was his behavior. I am not sure about this, but does a security guard have the right to ask for ID? Does he have the right to block my car and not let me leave, basically detaining me? I felt this was overstepping the authority of a security guard who was in no way a police officer.

I have just never encountered anything like that. Plus I got bad advice from my wife who told me to park in that lot. I guess I should have just parked in the main lot, but since both of our cars are registered with the school, my wife said parking there would be no problem. She was wrong!

are you sure he was a Rent-a-Cop?
Some schools have their own Police Departments.
Or it could be an off duty Cop who works as a Guard for extra cash