loud music ticket haunting me

CHL discussions that do not fit into more specific topics

Moderators: carlson1, Charles L. Cotton


Topic author
cubbyjg
Senior Member
Posts in topic: 11
Posts: 382
Joined: Sun Jan 10, 2010 8:07 pm

loud music ticket haunting me

#1

Post by cubbyjg »

Back when I was in college, I was pulled over and given a ticket because my music was too loud. I know, real dumb. I just got a job offer and was excited. I ended up going to court and paid the fine. From what I have read, those type of tickets are considered to be class c misdemeanors. I also read something about disorderly conduct and loud sounds in public. Will this ticket hinder me from gaining my chl? Other than that my record is clean.
Hook'em Horns!
Class of 2007

“I am actually for gun control. Use both hands." - Gov. Rick Perry

Topic author
cubbyjg
Senior Member
Posts in topic: 11
Posts: 382
Joined: Sun Jan 10, 2010 8:07 pm

Re: loud music ticket haunting me

#2

Post by cubbyjg »

And I believe it happened about three years ago
Hook'em Horns!
Class of 2007

“I am actually for gun control. Use both hands." - Gov. Rick Perry
User avatar

Dragonfighter
Senior Member
Posts in topic: 1
Posts: 2315
Joined: Tue Sep 04, 2007 2:02 pm
Contact:

Re: loud music ticket haunting me

#3

Post by Dragonfighter »

You in effect received a traffic ticket albeit a non-moving violation. Speeding is a class C misdemeanor. Don't sweat it. IIRC you don't even have to mention it on your app.
I Thess 5:21
Disclaimer: IANAL, IANYL, IDNPOOTV, IDNSIAHIE and IANROFL
"There is no situation so bad that you can't make it worse." - Chris Hadfield, NASA ISS Astronaut
User avatar

shortysboy09
Senior Member
Posts in topic: 4
Posts: 510
Joined: Thu Oct 29, 2009 9:51 am
Location: Mckinney, Tx.

Re: loud music ticket haunting me

#4

Post by shortysboy09 »

You should be just fine. Like Dragonfighter said, don't sweat it. If that's the worse trouble you have been in it should be smooth sailin for you!

Also, Welcome to the TexasCHLforum! You're going to enjoy it here. Let us know how your CHL process goes!
Disclaimer for all my posts: IANAL

My setup:

Kimber Ultra Crimson Carry II or Bersa Thunder .380
Crossbreed Supertuck

NRA Member
TSRA Member

Topic author
cubbyjg
Senior Member
Posts in topic: 11
Posts: 382
Joined: Sun Jan 10, 2010 8:07 pm

Re: loud music ticket haunting me

#5

Post by cubbyjg »

So they wont consider it disorderly conduct? For the life of me, i cannot remember what was exactly on the ticket but it was a bunch of nonsense. I was starting to get worried because when i read the section 42.01 of the penal code, i thought it would apply to me. Im a little more at ease now.
Hook'em Horns!
Class of 2007

“I am actually for gun control. Use both hands." - Gov. Rick Perry
User avatar

shortysboy09
Senior Member
Posts in topic: 4
Posts: 510
Joined: Thu Oct 29, 2009 9:51 am
Location: Mckinney, Tx.

Re: loud music ticket haunting me

#6

Post by shortysboy09 »

Here's some info. that may be of use. I will call special attention to the part highlighted in Red



Most disorderly conduct offenses are Class C misdemeanors, punishable by a fine of up to $500, except for firing or displaying a gun in public. Those are Class B misdemeanors, with a sentence of up to 180 days in jail and/or a fine of up to $2,000.

Typically, you will receive either a small fine, or in the gun cases, possibly probation for a disorderly conduct conviction.

However, there are several defenses to disorderly conduct, which we can present for you if you choose to fight the criminal charges. Depending on the circumstances of the incident, we may be able to argue either that you did not commit the act, or that:

l You did not use fighting words even if your language included profanity or vulgar terms.

l You had “significant provocation” for you to threaten or verbally abuse the other person, an affirmative defense specifically allowed for in the disorderly conduct statute.

l You had a reasonable fear for your own safety, or the safety of another person when you got into a fight, fired a gun, or displayed a gun.

l Or, that you did not act with lewd intent if charged with peeping, or were not aware people could see you, if charged with exposing yourself.

Credit for this article goes to: http://www.mytexasdefenselawyer.com/tex ... y-conduct/" onclick="window.open(this.href);return false;



What I'm seeing there is that you more than likely received a Class C misdemeanor which is NOT grounds for dis-qualification from getting your CHL. Had you received a Class B then you would have a problem.

If you weren't arrested for the noise violation DPS will likely not care much about this ticket.
Disclaimer for all my posts: IANAL

My setup:

Kimber Ultra Crimson Carry II or Bersa Thunder .380
Crossbreed Supertuck

NRA Member
TSRA Member

Topic author
cubbyjg
Senior Member
Posts in topic: 11
Posts: 382
Joined: Sun Jan 10, 2010 8:07 pm

Re: loud music ticket haunting me

#7

Post by cubbyjg »

Great, thanks for the help to both of you. :mrgreen:
Hook'em Horns!
Class of 2007

“I am actually for gun control. Use both hands." - Gov. Rick Perry
User avatar

shortysboy09
Senior Member
Posts in topic: 4
Posts: 510
Joined: Thu Oct 29, 2009 9:51 am
Location: Mckinney, Tx.

Re: loud music ticket haunting me

#8

Post by shortysboy09 »

cubbyjg wrote:Great, thanks for the help to both of you. :mrgreen:
Anytime, I hope to see your Wally Walk soon!
Disclaimer for all my posts: IANAL

My setup:

Kimber Ultra Crimson Carry II or Bersa Thunder .380
Crossbreed Supertuck

NRA Member
TSRA Member

srothstein
Senior Member
Posts in topic: 1
Posts: 5293
Joined: Sat Dec 16, 2006 8:27 pm
Location: Luling, TX

Re: loud music ticket haunting me

#9

Post by srothstein »

Before you apply, I strongly suggest you contact the court and find out the exact charge on the ticket. If you were written a ticket under the Transportation Code or a city ordinance, you are fine and have no problems with your CHL. But if you were charged and convicted under the disorderly conduct statutes, you cannot get a CHL for 5 years from the date of conviction. In your specific case, disorderly conduct subsection 42.01(a)(5) is the possible charge:

(5) makes unreasonable noise in a public place other than a sport shooting range, as defined by Section 250.001, Local Government Code, or in or near a private residence that he has no right to occupy;

This would be a class C misdemeanor for which you only paid a fine but it stops you from getting a CHL for 5 years.

You will need to verify the exact section of the law you were charged and convicted under.
Steve Rothstein
User avatar

shortysboy09
Senior Member
Posts in topic: 4
Posts: 510
Joined: Thu Oct 29, 2009 9:51 am
Location: Mckinney, Tx.

Re: loud music ticket haunting me

#10

Post by shortysboy09 »

srothstein wrote:Before you apply, I strongly suggest you contact the court and find out the exact charge on the ticket. If you were written a ticket under the Transportation Code or a city ordinance, you are fine and have no problems with your CHL. But if you were charged and convicted under the disorderly conduct statutes, you cannot get a CHL for 5 years from the date of conviction. In your specific case, disorderly conduct subsection 42.01(a)(5) is the possible charge:

(5) makes unreasonable noise in a public place other than a sport shooting range, as defined by Section 250.001, Local Government Code, or in or near a private residence that he has no right to occupy;

This would be a class C misdemeanor for which you only paid a fine but it stops you from getting a CHL for 5 years.

You will need to verify the exact section of the law you were charged and convicted under.
Class C misdemeanors can still prevent him from getting a CHL? I was under the impression it had to be Class B or above?
Disclaimer for all my posts: IANAL

My setup:

Kimber Ultra Crimson Carry II or Bersa Thunder .380
Crossbreed Supertuck

NRA Member
TSRA Member
User avatar

Oldgringo
Senior Member
Posts in topic: 2
Posts: 11203
Joined: Sat Mar 08, 2008 10:15 pm
Location: Pineywoods of east Texas

Re: loud music ticket haunting me

#11

Post by Oldgringo »

I, for one, would like to see a lot more enforcement of the various noise abatement ordinances. :thumbs2:
User avatar

Keith B
Moderator
Posts in topic: 1
Posts: 18499
Joined: Sat Aug 18, 2007 3:29 pm

Re: loud music ticket haunting me

#12

Post by Keith B »

shortysboy09 wrote:
srothstein wrote:Before you apply, I strongly suggest you contact the court and find out the exact charge on the ticket. If you were written a ticket under the Transportation Code or a city ordinance, you are fine and have no problems with your CHL. But if you were charged and convicted under the disorderly conduct statutes, you cannot get a CHL for 5 years from the date of conviction. In your specific case, disorderly conduct subsection 42.01(a)(5) is the possible charge:

(5) makes unreasonable noise in a public place other than a sport shooting range, as defined by Section 250.001, Local Government Code, or in or near a private residence that he has no right to occupy;

This would be a class C misdemeanor for which you only paid a fine but it stops you from getting a CHL for 5 years.

You will need to verify the exact section of the law you were charged and convicted under.
Class C misdemeanors can still prevent him from getting a CHL? I was under the impression it had to be Class B or above?
The code that srothstein is refering to is for disorderly conduct, and also includes fighting, and other items. As he stated, this is one Class C that can prevent you from getting your CHL or get it revoked.
Keith
Texas LTC Instructor, Missouri CCW Instructor, NRA Certified Pistol, Rifle, Shotgun Instructor and RSO, NRA Life Member

Psalm 82:3-4
User avatar

gregthehand
Senior Member
Posts in topic: 1
Posts: 1399
Joined: Tue Oct 17, 2006 5:48 pm
Location: NW Houston, TX

Re: loud music ticket haunting me

#13

Post by gregthehand »

Although it by no means applies here I think you can get denied if you have been convicted of Class C Assault Family Violence.
My posts on this website are worth every cent you paid me for them.

Topic author
cubbyjg
Senior Member
Posts in topic: 11
Posts: 382
Joined: Sun Jan 10, 2010 8:07 pm

Re: loud music ticket haunting me

#14

Post by cubbyjg »

Great...It was so long ago i dont even remember the location of the court or have any of the paper work. Is there a way i can get a copy of my record or something? If so, where do i begin the search?
Hook'em Horns!
Class of 2007

“I am actually for gun control. Use both hands." - Gov. Rick Perry

Topic author
cubbyjg
Senior Member
Posts in topic: 11
Posts: 382
Joined: Sun Jan 10, 2010 8:07 pm

Re: loud music ticket haunting me

#15

Post by cubbyjg »

Okay, well i found the court location. I remember that because it was on 6th street in Austin, Tx. I went to a municipal court and spoke to a judge and paid the fine. I remember on the ticket, the officer wrote disturbing the peace. I guess ill call the court tomorrow.
Hook'em Horns!
Class of 2007

“I am actually for gun control. Use both hands." - Gov. Rick Perry
Post Reply

Return to “General Texas CHL Discussion”