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by gigag04
Tue Apr 16, 2013 5:04 pm
Forum: Gun and/or Self-Defense Related Political Issues
Topic: Travis County DA Lehmberg arrested for DWI
Replies: 37
Views: 4352

Re: Travis County DA Lehmberg arrested for DWI

JALLEN wrote: Do law enforcement officers carry by virtue of CHLs? Or do they qualify by virtue of their office to an exemption?
Sec. 46.02. UNLAWFUL CARRYING WEAPONS.
Sec. 46.03. PLACES WEAPONS PROHIBITED.


Sec. 46.15. NONAPPLICABILITY.
(a) Sections 46.02 and 46.03 do not apply to:
(1) peace officers or special investigators under Article 2.122, Code of Criminal Procedure, and neither section prohibits a peace officer or special investigator from carrying a weapon in this state, including in an establishment in this state serving the public, regardless of whether the peace officer or special investigator is engaged in the actual discharge of the officer's or investigator's duties while carrying the weapon;



http://www.statutes.legis.state.tx.us/D ... /PE.46.htm" onclick="window.open(this.href);return false;
by gigag04
Tue Apr 16, 2013 3:09 pm
Forum: Gun and/or Self-Defense Related Political Issues
Topic: Travis County DA Lehmberg arrested for DWI
Replies: 37
Views: 4352

Re: Travis County DA Lehmberg arrested for DWI

texanjoker wrote:
E.Marquez wrote:
texanjoker wrote:Not sure about the waking magistrate part as there is a judge working at night downtown to magistrate people. I'll be curious to see if she submitted to a chemical test, or acted like the rest of Travis County and refused. Their conviction rate is pitiful for DWI's and it is the county attorney that handles first time DWI and not the DA.
How does one "refuse" ?? ..
Ok let me rephrase, yes they can refuse, and the LEO can then request a blood warrant based on his PC and evidence observed so far. The Judge issues warrant, blood is drawn, chemical BAC info is now on hand as evidence as well.


What am I missing on the "if she submitted to a chemical test, or acted like the rest of Travis County and refused." :headscratch :headscratch

Thanks

Aside from APD when they have no refusal days (days where they get court orders for everybody that refuses to comply with the law) when people refuse to voluntarily submit to the chemical test, it is common practices and they do not get a court ordered blood draw. There are often articles on this topic as the public is up in arms over court ordered blood draws. Everybody consents to that when they get the driver's license.

In reading the news today it said they had to get a court ordered blood draw, so she may very well have refused. All the attorneys advertise to refuse the test as this way they can beat the DWI rap and then fight DPS regarding loosing the driver's license.

http://www.statesman.com/news/news/loca ... ys-/nXMCY/" onclick="window.open(this.href);return false;
My agency gets blood on everyone and has an on call list for judges to fax search warrants to/from.

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