Reckless Driving

[Odin]

It just seems odd that a person can be charged with a crime and not go to trial for 8-9 years. Even if the defendant thought he was finished with the case and if the prosecution could not reach the defendant to advise them of the trail, you would think that a warrant would be issued and eventually a cop would run your plate while you were driving and you'd be picked up on the warrant. I guess stranger things happen in the legal system.

I'd also think that as long as you weren't avoiding prosecution that the DA would be open to accepting a reduced charge plea bargain on a case that old. Evidence and witnesses might be hard to round up and a good defense attorney should be able to exploit the long delay.

Hope he gets is straightened out and gets his CHL.

[Charles L. Cotton]

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.

[jhutto]

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

[jhutto]

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.

[Charles L. Cotton]

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.

[jhutto]

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!

[txinvestigator]

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!

No class C in Texas can have jail attached. Reckless is definined in the Transporation Code;


Texas Transportation Code
§545.401. Reckless driving; offense.

(a) A person commits an offense if the person drives a
vehicle in wilful or wanton disregard for the safety of persons or
property.

(b) An offense under this section is a misdemeanor punishable
by:

(1) a fine not to exceed $200;

(2) confinement in county jail for not more than 30 days; or

(3) both the fine and the confinement.

In fact, the code classifies violations under the code as simply "misdemeanors'


§542.301. General offense.

(a) A person commits an offense if the person performs an act
prohibited or fails to perform an act required by this subtitle.

(b) Except as otherwise provided, an offense under this
subtitle is a misdemeanor.

it goes on to give the punishment for those misdemeanors;


Text
§542.401. General penalty.

A person convicted of an offense that is a misdemeanor under
this subtitle for which another penalty is not provided shall be
punished by a fine of not less than $1 or more than $200.

[jhutto]

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...

[jlh26oo]

FYI I believe reakless driving in texas is a class C Misd, but it does carry the possibility of jailtime. Same end result.

Yeah, I have a class C Reckless Driving conviction on my record. So since it COULD have resulted in jail time, it's the same end result (as the COULD have resulted in 15 days under NY law = ineligible for 5 years)?

Texas Transportation Code
§545.401. Reckless driving; offense.

(a) A person commits an offense if the person drives a
vehicle in wilful or wanton disregard for the safety of persons or
property.

(b) An offense under this section is a misdemeanor punishable
by:

(1) a fine not to exceed $200;

(2) confinement in county jail for not more than 30 days; or

(3) both the fine and the confinement.

In fact, the code classifies violations under the code as simply "misdemeanors'

Or does the fact that MY particular RD was a class C conviction make me safe? Since...

No class C in Texas can have jail attached

[gregthehand]

Reckless driving was moved to a Class B while I was in the police academy (I remember them changing mid-stream after we had gone over it with us so we would not miss it on the TCLEOSE test). Also you can get arrested for Class Cs. There are only a few things you can't get arrested for in TX that are Class C's. Two are speeding, and open container. Now if you refuse to sign the ticket you will get arrested from violating the promise to appear before the magistrate, same with the open container. Likewise if you don't show up in court you will get a warrant for failure to appear, which is also just violating your promise to appear. I even knew an officer that would hook up drug dealers for stupid Class C's all the time just so he could search them and find their stash. His favorite was getting them for walking with traffic instead of against it!

[txinvestigator]

There are only a few things you can't get arrested for in TX that are Class C's. Two are speeding, and open container. Now if you refuse to sign the ticket you will get arrested from violating the promise to appear before the magistrate, same with the open container.

That is incorrect. If you refuse to sign a promise to appear you may be arrested for the OFFENSE of speeding or open container. You cannot be charged with violating a promise to appear if you NEVER MAKE a promise to appear.


§543.004. Notice to appear required: certain offenses.

(a) An officer shall issue a written notice to appear if:

(1) the offense charged is speeding or a violation of the
open container law, Section 49.03, Penal Code; and

(2) the person makes a written promise to appear in court as
provided by Section 543.005.

[jhutto]

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.

[txinvestigator]

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.

Class C's don't have jail time as possible punishment, so I am lost as to your meaning.

[jhutto]

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

[jhutto]

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