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by frankie_the_yankee
Sat Feb 16, 2008 10:36 am
Forum: General Texas CHL Discussion
Topic: Recourse at a Bar?
Replies: 35
Views: 5269

Re: Recourse at a Bar?

rgraham541 wrote: I don't want to be the one to test this but this was a matter of discussion with my CHL instructor. I couldn't believe the law would just throw out the word "intoxicated" without definition. TPC 49.01 clearly states the definition of the term "intoxicated" and no where can I find any special circumstances for CHL.

If I were to follow my instructors view I would be in violation if I had a beer before coming home from a neighbors.

Haven't received my plastic yet (58 days down) and I'm just trying to get the lay of the land so to say. I guess the best rule of thumb is if in doubt don't do it.
Your instructor was full of baloney. I hope he didn't pass out any other misinformation or opinion disguised as fact during your class.

I would have no problem with an instrustor who said something like, "While the law allows you to drink while carrying as long as you don't get intoxicated, my advice is to not drink at all if you are carrying." But according to the occassional report, and my own experience at last April's renewal class, this isn't the case.

These issue make me think that DPS should set up a program of auditing CHL classes. Kind of like the way a place like Wal-Mart will hire people to go and shop their stores to report on whether their experience was good, whether the store and employees were following company procedures, etc.

I think if this were done, instructors would be a lot more careful about handing out their opinions - at least without making it clear that it WAS simply an opinion.
by frankie_the_yankee
Tue Feb 12, 2008 9:34 pm
Forum: General Texas CHL Discussion
Topic: Recourse at a Bar?
Replies: 35
Views: 5269

Re: Recourse at a Bar?

anygunanywhere wrote:Drinkin' and packin'..................

:deadhorse:

This is gettin' almost as bad as open carry.

Anygun
I agree. Lot's of misinformation getting tossed around. Most of the speculation I am reading does not seem at all credible to me and/or pertains to what I would call, "getting drunk". Like the following comment.
Sitting in the bar slugging them down while you wait for a table is another matter.
What does that have to do with having ONE BEER?

Nothing. That's what.

So if one wants to speculate that having one beer puts one in line for a possible PI or carrying while intoxicated rap, what I say is, "Anyone can speculate on anything. You want to persuade me? Show me."
by frankie_the_yankee
Tue Feb 12, 2008 8:40 pm
Forum: General Texas CHL Discussion
Topic: Recourse at a Bar?
Replies: 35
Views: 5269

Re: Recourse at a Bar?

Molon_labe wrote: Well fine..it says "intoxicated" but I will bet you if you get nailed...it doesn't matter if you blow a .01 or whatever...the anti's will throw a fit and the news outlets will plaster "a Drunk CHL'er"
If I "get nailed" for what? What is it that I am going to do that will cause me to, as you put it, "get nailed"?
by frankie_the_yankee
Tue Feb 12, 2008 8:37 pm
Forum: General Texas CHL Discussion
Topic: Recourse at a Bar?
Replies: 35
Views: 5269

Re: Recourse at a Bar?

1) The guy in Texas City had taken prescription drugs. That's not the same thing as having 1 drink.

2) We don't know all of the facts, specifically, whether the guy was acting or speaking in such a way as to create a reasonable belief that he met the legal standard for PI.

3) We also do not know the final disposition of the case. Was the guy convicted? Has the DA dropped the charges?

I still go back to what DPS puts on their web site. It's legal to drink while carrying. It's not legal to carry while intoxicated.

So I will drink while carrying if I want to. But I will make sure not to get intoxicated. And I will not worry about being railroaded.
by frankie_the_yankee
Tue Feb 12, 2008 3:04 pm
Forum: General Texas CHL Discussion
Topic: Recourse at a Bar?
Replies: 35
Views: 5269

Re: Recourse at a Bar?

Molon_labe wrote: And unfortunately the law of .08 is null/void when you are carrying concealed, even 1 beer can be and infraction if you choose to carry, if you drink..leave the piece at home!
Can you cite any references for this, (highlighted part of statement above) other than the occassional addled-brained CHL instructor?

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