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by Charles L. Cotton
Wed Jan 09, 2008 2:29 pm
Forum: New to CHL?
Topic: Question about CHL eligibility
Replies: 7
Views: 1346

Re: Question about CHL eligibility

LK2140 wrote:
barres wrote:
Charles L. Cotton wrote: Edited: The third MIP could well be a Class B, but it still takes two Class B alcohol related convictions to be a problem. Make sure you don't get another one! The Code reference is Tex. Alcoholic Beverage Code §§106.04 & 106.171.
But, if the third MIP was adjudicated as a Class B Misdemeanor at age 20, then the OP would be ineligible, as he stated that he is 24, now (5 years haven't passed, yet).

Yeah but wouldn't they let me know if it became a Class B Misdemeanor? I mean, I got those MIPs in 3 different counties and every time the judge asked if it was my first I said, "yes sir" to recieve a lesser punishment. Either they were to lazy to look the others up or just did not know??? Anyways, that was a long time ago, wouldn't they say something if it elevated to a Class B?
You need to get a copy of the disposition sheet for each of the charges. From what you say, they are probably all Class C. You might want to consider deleting your statement about what you said. :thumbs2:

Chas.
by Charles L. Cotton
Wed Jan 09, 2008 10:19 am
Forum: New to CHL?
Topic: Question about CHL eligibility
Replies: 7
Views: 1346

Re: Question about CHL eligibility

barres wrote:
Charles L. Cotton wrote: Edited: The third MIP could well be a Class B, but it still takes two Class B alcohol related convictions to be a problem. Make sure you don't get another one! The Code reference is Tex. Alcoholic Beverage Code §§106.04 & 106.171.
But, if the third MIP was adjudicated as a Class B Misdemeanor at age 20, then the OP would be ineligible, as he stated that he is 24, now (5 years haven't passed, yet).
I agree. Depending on when the conviction occurred, if it was enhanced to a Class B, he could have anywhere from a few weeks to several months before he is eligible.

Chas.
by Charles L. Cotton
Tue Jan 08, 2008 11:06 pm
Forum: New to CHL?
Topic: Question about CHL eligibility
Replies: 7
Views: 1346

Re: Question about CHL eligibility

Class A & B Misdemeanors and Class C Disorderly conduct disqualify a person for a CHL for five years, not ten years. MIP's are Class C and they are not a problem. Two alcohol related convictions of Class B or greater within ten years of application is evidence of a chemically dependent person, disqualifying them for a CHL.

You should be fine.

Chas.

Edited: The third MIP could well be a Class B, but it still takes two Class B alcohol related convictions to be a problem. Make sure you don't get another one! The Code reference is Tex. Alcoholic Beverage Code §§106.04 & 106.171.
Tex. Gov't Code §411.172(c) wrote:(c) An individual who has been convicted two times within
the 10-year period preceding the date on which the person applies
for a license of an offense of the grade of Class B misdemeanor or
greater that involves the use of alcohol or a controlled substance
as a statutory element of the offense is a chemically dependent
person for purposes of this section and is not qualified to receive
a license under this subchapter. This subsection does not preclude
the disqualification of an individual for being a chemically
dependent person if other evidence exists to show that the person is
a chemically dependent person.

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