TexasCHLforum.com

JALLEN wrote:It is true that the report need not contain a verbatim reference to everything the reporting officer saw or heard dealing with the event covered by the report, but it is suspicious if no reference is made to certain key circumstances, but those are later made the subject of a charge not part of the original charge(s).

I don't deal in criminal matters (they haven't caught any of my clients..... OK, they caught one, a long time ago!) but of the perhaps several dozen police reports I have had occasion to deal with, none was complete and harmonious with events and facts established by other corroborating evidence. Most of them ought to have started with "Once Upon A Time..."

To a certain extent, this is understandable to anyone who has ever played the game where everyone sits in a circle, then someone whispers a common saying to the person next to him or her, that person whispers what (s)he heard to the next person etc all around the circle, whereupon the last person announces what he heard. Almost every time, "Remember the Alamo" comes out "Better living through Chemistry" or something completely different than what the original person started with.

Some years ago, a pistol was stolen from my home. Eventually, I ended up down at the local station giving a report to an officer who diligently wrote in the little notebook they all seem to carry. When I eventually received a copy of the report, I was astonished at the variances between what I reported and what the report actually said. On another occasion, my communications to the detective about the status of endorsement of a check was mishandled in the police report and resulted in someone being arrested for a felony, wrongly, and I narrowly avoided being sued over it! Needless to say, I view police reports as not necessarily the last word in evidentiary reliability, unless corroborated by other credible evidence.

Being charged with intoxication days after the event, with no reference in any police report of intoxication, would be suspicious to me, and put the DA behind in the race for proof beyond a reasonable doubt. It could be overcome but there had better be a really good story about it and lots of corroboration.

Ruark wrote:Let's keep in mind that there is NO alcohol limit when you're CCW. If you consume alcohol - ANY amount - while CCW, and it is detected by an LEA (e.g. smells it on your breath), you can be arrested, your weapon confiscated, and your CHL permanently revoked. Our CHL instructor (with 25 years of LEO experience) painted this scenario: you're in Applebee's with your weapon under your shirt. Your wife says that wine's good and asks you to taste it. You taste a couple of drops. "That's good!" you say, and hand it back. On the way home, you get stopped for some reason and the LEO smells that wine you tasted. Pow, you lost your CHL. Moral: alcohol and CHLs do... not... mix.

GC §411.171. DEFINITIONS. In this subchapter:
(1) “Action” means single action, revolver, or semi-automatic action.
(2) “Chemically dependent person” means a person who frequently or
repeatedly becomes intoxicated by excessive indulgence in alcohol or uses controlled substances or dangerous drugs so as to acquire a fixed habit and an i nvoluntary tendency to become intoxicated or use those substances as often as the opportunity is presented.
(3) “Concealed handgun” means a handgun, the presence of which is not openly discernible to the ordinary observation of a reasonable person.
(4) “Convicted” means an adjudication of guilt or, except as provided in Section 411.1711, an order of deferred adjudication entered against a person by a court of competent jurisdiction whether or not the imposition of the sentence is subsequently probated and the person is discharged from community supervision. The term does not include an adjudication of guilt or an order of deferred adjudication that has been subsequently:
(A) expunged;
(B) pardonedundertheauthorityofastateorfederalofficial;or
(C) otherwise vacated, set aside, annulled, invalidated, voided, or
sealed under any state or federal law. (4-a) “Federal judge” means:
(A) a judge of a United States court of appeals;
(B) a judge of a United States district court;
(C) a judge of a United States bankruptcy court; or
(D) a magistrate judge of a United States district court.
(4-b) “State judge” means:
(A) the judge of an appellate court, a district court, or a county court at law of this state;
or (B) an associate judge appointed under Chapter 201, Family Code;
(C) ajusticeofthepeace.
(5) “Handgun” has the meaning assigned by Section 46.01, Penal Code.
(6) “Intoxicated” has the meaning assigned by Section 49.01, Penal Code.
(7) “Qualified handgun instructor” means a person who is certified to instruct in the use of handguns by the department.
(8) *[repealed by Acts 1999, 76th Leg., ch. 62, §9.02.]

Sec. 49.01. DEFINITIONS. In this chapter:
(1) "Alcohol concentration" means the number of grams of alcohol per:
(A) 210 liters of breath;
(B) 100 milliliters of blood; or
(C) 67 milliliters of urine.
(2) "Intoxicated" means:
(A) not having the normal use of mental or physical faculties by reason of the introduction of alcohol, a controlled substance, a drug, a dangerous drug, a combination of two or more of those substances, or any other substance into the body; or
(B) having an alcohol concentration of 0.08 or more.
(3) "Motor vehicle" has the meaning assigned by Section 32.34(a).
(4) "Watercraft" means a vessel, one or more water skis, an aquaplane, or another device used for transporting or carrying a person on water, other than a device propelled only by the current of water.
(5) "Amusement ride" has the meaning assigned by Section 2151.002, Occupations Code.
(6) "Mobile amusement ride" has the meaning assigned by Section 2151.002, Occupations Code.