TexasCHLforum.com

Well, A long time ago, (8 or 9 years) I was charged with driving while on drugs. I thought I had a lawyer take care of it, but I guess not. I have hired an attourney to try to resolve the matter. They are coming back with a plea for Reckless Driving, or DWIA. This is in the state of New York. Does anyone know how these convictions would effect my ability to obtain a CHL? I am trying to get this taken care of. I already took the CHL class.
Thanks

jhutto wrote:Well, A long time ago, (8 or 9 years) I was charged with driving while on drugs. I thought I had a lawyer take care of it, but I guess not. I have hired an attourney to try to resolve the matter. They are coming back with a plea for Reckless Driving, or DWIA. This is in the state of New York. Does anyone know how these convictions would effect my ability to obtain a CHL? I am trying to get this taken care of. I already took the CHL class.
Thanks

It depends on what the penalty for those are in NY. If they have 2 years in jail or more as the potential penalty, then Texas will trat them as a felony and you would be prohibited. if the potential penalty is less than 2 years, then they will be treated as a misdemeanor, and you would be ineligible for 5 years from the date of conviction.

Your lawyer may have taken care of it with deferred adjudication and in that case when it comes to state and federal checks it still counts as a conviction with probation. If it was not totally 'Dismissed' then you were still 'Guilty' but you agreed not to break the law for xx Days and in return they the charge be removed from your LOCAL record. When a NCIC is performed everything that you have been arrested for and charged with will come up. I will post an example in a second of what they will see... Of course no names will be released

If you don't want to spend your $$$ on a lawyer I can pull your NCIC if you PM me your full name and Date of Birth.

Well it was 8 or 9 years ago, but evidently I did not deal with it then. If I accept the plea now,will I have to wait 5 years, from when the plea is accepted? This happened a long Time ago. I found all this out when calling to get information about what I thought was a dismissed charge. It turns out there were two charges, and only one was dissmissed. Stupid lawyer...Stupid me...

I thought the 5 years was only for a class A or B misd.

jhutto wrote:I thought the 5 years was only for a class A or B misd.

Yep. It is unlikely that reckless or driving under the influence is Class C punishable though.

What it will look like...

Click to make it bigger

http://www2.propichosting.com/Images/450017550/1.jpg

If it is treated as a Felony in Texas

From DPS CHL website http://info.sos.state.tx.us/pls/pub/rea ... ch=6&rl=17

So that you do not have to click the link...

QTo be eligible for a license to carry a concealed handgun, a person must meet the following requirements:

(1) an applicant must have been a resident of this state for the six-month period preceding the date of application, relocate to this state with the intent to establish residency in this state, or must be eligible for a non-resident license as provided by the Act;

(2) the applicant must be at least 21 years of age;

(3) the applicant must not have been convicted of a felony. An offense is considered a felony if at the time of an applicant's application for a license the offense:

(A) is designated by a law of this state as a felony;

(B) contains all the elements of an offense designated by a law of this state as a felony; or

(C) is punishable by confinement for one year or more in a penitentiary.

JKDubb wrote: (3) the applicant must not have been convicted of a felony. An offense is considered a felony if at the time of an applicant's application for a license the offense:

(A) is designated by a law of this state as a felony;

(B) contains all the elements of an offense designated by a law of this state as a felony; or

(C) is punishable by confinement for one year or more in a penitentiary.

Ooops. I missed that one by a year!!

Ok, so the DWIA is a traffic violation in the state of New York not a criminal offense such as DWI, or DUI, It carries up to 15 day's in jail as a possible punishment. Now, speeding and all other traffic violations carry the same 15 day jail possibility. If I remember correctly, the wording of the CHL law states it is a class a or b misdomiener if texas law would define it as such. I looked up the texas law defining misdomieners and it say' Anything that carries a possibility of a jail sentence is a class a or b misdomiener. Does this mean if I got a speeding ticket in NY I could not get a CHL in texas?

jhutto wrote:Ok, so the DWIA is a traffic violation in the state of New York not a criminal offense such as DWI, or DUI, It carries up to 15 day's in jail as a possible punishment. Now, speeding and all other traffic violations carry the same 15 day jail possibility. If I remember correctly, the wording of the CHL law states it is a class a or b misdomiener if texas law would define it as such. I looked up the texas law defining misdomieners and it say' Anything that carries a possibility of a jail sentence is a class a or b misdomiener. Does this mean if I got a speeding ticket in NY I could not get a CHL in texas?

I would not comment without being able to review the NY statutes, but I find it hard to believe that you could be sentenced to 15 days in jail for simply speeding in NY.

NY law ::

vehicle and traffic law/title 9 /article 45/section 1800:

"Every person convicted of a traffic infraction for a violation of any of the provisions of this chapter or of any ordinance, order, rule or regulation adopted pursuant to section sixteen hundred thirty or sixteen hundred thirty-one for which another penalty is not provided shall for a first conviction thereof be punished by a fine of not more than one hundred fifty dollars or by imprisonment for not more than fifteen days or by both such fine and imprisonment"
It does not alternativly define a penalty for speeding.
Therfore any speeding infration in the state of NY is a class A Misd, under texas chl law.

txinvestigator wrote:I find it hard to believe that you could be sentenced to 15 days in jail for simply speeding in NY.

Most people find it hard to believe that traffic offenses in Texas aren't "infractions" or "violations", but crimes (starting at Class C Misdemeanor and going up) for which you can be arrested.

For all but two, that is.

Kevin

So. This also works for you current CHL holders.
If you get a speeding ticket, (or any other penal code violation BTW) in the state of NY, it is considered a class A misd. by texas CHL laws.
Look-out

KBCraig wrote:

txinvestigator wrote:I find it hard to believe that you could be sentenced to 15 days in jail for simply speeding in NY.

Most people find it hard to believe that traffic offenses in Texas aren't "infractions" or "violations", but crimes (starting at Class C Misdemeanor and going up) for which you can be arrested.

For all but two, that is.

Kevin

Being arrested and being sentenced are two different things. You CAN be arrested for ALL traffic offenses, but those that are a class C can only be punished by a fine.

I know you are referring to speeding and open container not being arrestable, but a person can be arrested for those. They must refuse to sign a promise to appear before they can be arrested for speeding.


Texas Transportation Code
§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.

(b) If the person is a resident of or is operating a vehicle
licensed in a state or country other than this state, Subsection (a)
applies only as provided by Chapter 703.

(c) The offenses specified by Subsection (a) are the only
offenses for which issuance of a written notice to appear is
mandatory.

jhutto wrote:NY law ::

vehicle and traffic law/title 9 /article 45/section 1800:

"Every person convicted of a traffic infraction for a violation of any of the provisions of this chapter or of any ordinance, order, rule or regulation adopted pursuant to section sixteen hundred thirty or sixteen hundred thirty-one for which another penalty is not provided shall for a first conviction thereof be punished by a fine of not more than one hundred fifty dollars or by imprisonment for not more than fifteen days or by both such fine and imprisonment"
It does not alternativly define a penalty for speeding.
Therfore any speeding infration in the state of NY is a class A Misd, under texas chl law.

Texas Administrative Code, rule 6.11

(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;