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by ScottDLS
Wed May 06, 2009 8:02 pm
Forum: General Texas CHL Discussion
Topic: Prior to Having License in Hand....
Replies: 93
Views: 17949

Re: Prior to Having License in Hand....

boomerang wrote:
FlynJay wrote:
cbr600 wrote:Why can't DPS do the math and realize it's a bogus charge? They know better than anyone else when they mailed your license.
It is not DPS's call to make.
It's not? Then who makes the decision whether or not to suspend the license?
Well now... actually it's the Justice Court in the license holder's precinct of residence, as cited in an earlier post. Assuming he requests a hearing.

GC 411. I87. ...
...
(b)...The license holder may request that the justice court in
the justice court precinct in which the license holder resides review the
suspension as provided by Section 411.180. If a request is made for
the justice court to review the suspension and hold a hearing, the
license holder shall surrender the license on the date an order of
suspension is entered by the justice court....

I kind of hoped that prior to having a civil sanction applied, one would be entitled to some kind of judicial hearing. Sounds like the best place to explain the situation, assuming the person can spare the time and legal representation. It's really the 2nd time being a criminal offense that would drive me to request a hearing. But, that's me.

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