TexasCHLforum.com

baldeagle wrote:

capttjk wrote:As my first run in with the law I would recomend ALWAYS get a laywer, even for something as minor as a Class C DOC-language ticket. She new exactly what to say and how to say it. I would never have had this dismissed without her help. The ADA didn't want to listen but the lawyer keeped at him until she got the dismissal we wanted. Yes I paid $350 for the lawyer to get out of a $180 fine, but it was worth it IMO.

No. You paid $350 for a lawyer to get out of a $180 fine and keep your concealed handgun license and avoid a 7 year revocation (which could have made it really hard to get approved for one again.)

Congratulations on achieving the correct outcome.

That is true. Keeping the CHL is well worth the cost.

Thanks.

As my first run in with the law I would recomend ALWAYS get a laywer, even for something as minor as a Class C DOC-language ticket. She new exactly what to say and how to say it. I would never have had this dismissed without her help. The ADA didn't want to listen but the lawyer keeped at him until she got the dismissal we wanted. Yes I paid $350 for the lawyer to get out of a $180 fine, but it was worth it IMO.

UPDATE


Just had the meeting between my lawyer and a Fort Bend Co ADA yesterday. Yes, it took Fort Bend County over 3 months to schedule it. After a 5 minute conversation between the ADA and my lawyer, the ticket was dismissed.

So its over and done!!

Hey everyone,

I was looking at the TX DOT website and found new information, new CHL legislation that went into effect 9/1/09

This is related to Eligibility and Disciplinary Actions

It reads as follows:

1. Definitions of "conviction" and "Felony"

Section 411.171 is amended to exclude from the definition of 'conviction' those convictions or orders of deferred adjudication that have been:
"vacated, set-aside, annulled,invalidated,voided, or sealed"

The most common situation is likely to be a conviction "set-aside," which may (but need not) follow the successful completion of probation.

it goes on from there with new changes.

It almost reads to me that with this new modification a deferred adjudication would no longer qualify for revocation for your CHL. Maybe some of the legal experts on here to tell me if I am reading this correctly or not. It looks like it came from SB 1424 during the 09 TX legislative session.

McKnife wrote:I'm still interested in the fact that the security guard blocked you in... which prevented you from leaving. If you felt you were held against your will, then I would file suit.

I had a similar incident at a school in 2005 but the security guard calmed down and understood when I said I was there for transcripts. You were wronged and I hope you fight the school and guard, not just the ticket.

Being around a school seems more lake a jail these days. I graduated high school in 94 and back in those days nothing like this would have happened. There were no security guards or police officers at a high school. At least not where I came from. We had a few adults that were hall monitors and that was about it. I had about a 20 minute conversation with the police officer yesterday (who was a very professional guy and I enjoyed talking with him, even though he wrote me the ticket ) and he explained all the security procedures that take place in a school these days and I was shocked. My wife who has worked there for 10 years wasn't even aware of many of them. That was the reason I was aparently in the wrong parking lot for a visitor in the first place.

But yes, I need some clarification as to what a security guard has the right to do and not to do. He did detain me. I will ask the lawyer I see on Friday about how I was not allowed to leave by the security guard. I was trying to leave since he told me I wasn't supposed to be there, but he really wanted the police involved since I was apartently an "unknown" parking in the wrong lot. I am glad schools have security, I am know its necessary now days. But, just because I park in the wrong parking lot, that doesn't mean I need to be yelled at and talked down to by one of their employees either. After a few minutes of this the bad word came out. I look back at it and it all just seems so stupid and trivial. Hopfully the lawyer will help clean this up.

Needless to say, I won't be meeting my wife for lunch at her place of work anymore!!

marksiwel wrote:

jmra wrote:

marksiwel wrote:Also see if the false imprisonment you felt you received is sue worthy.

While you are at it see if you can sue your wife for giving you the bad advice on where to park.

Or better yet divorce her and take half her stuff

well, based on what we make, I make more than twice what a teacher does, so she would end up getting most of my stuff!

gigag04 wrote:Dude...your lawyer should be able to help you out here.

That's wierd that the ticket got written...DOC - Language is like a problem solving law for me. If I'm trying to serve a warrant and suspects brother is making a scene and getting in the way and cussing, we'll warn him to calm him down, and then if he continues, he gets arrested for DOC Language if he continues cussing with other people around.

When the cop arrived, it was over. I had said my one bad word about 3 or 4 minutes before he got there to the security guard. The cop didn't see me say anything, he just listened to our stories and decided to write me a ticket because I said the bad word and the security guard said he was "offended". I am looking forward to what the lawyer has to say on Friday when I meet with her. I spoke with a legal aid on the phone at the law firm today when I called to make an apointment, and she was clear that based on my story, she coudn't make any promises of course but also indicated it shouldn't be that much of a problem to take care of. But you never know I guess.

jmra wrote:

marksiwel wrote:Also see if the false imprisonment you felt you received is sue worthy.

While you are at it see if you can sue your wife for giving you the bad advice on where to park.

yeah, I must say I wasn't real happy with her either after this!

In general, complaints are often filed by a police officer who writes the offender a ticket. The offender may also be arrested. However, if the officer(s) did not see the offense they will not file the complaint themselves. In that case, the burden falls onto the person who witnessed the disorderly conduct.
If an officer responded to an incident, but did not see the incident, some police agencies allow citizens to sign the officer's ticket book which, in effect, files the complaint. Other agencies require the complainant to go to a local court.
=====================

neither of these occured. The security guard never signed the ticket or ticket book and he did not flie anything in court. The ISD police officer decided to write me the ticket without any of the above.

gigag04 wrote:Capt - did you see our post...

The ticket isn't a good ticket. Unless I'm missing something. I would ask to speak to the judge, as in make an appointment and bring this fact up. Also - have a good attorney and listen to him before me because I issue tickets not dismiss them, so I'm less knowledgeable of the finagling side of LE.

Yes, thanks to you and all the others that have sent me informaiton about all of this. I do have a meeting with a lawyer on Friday morning and will bring all of this up and let her deal with it. She is going to request a pre court appeance meeting with the Fort Bend CO DA's office to see what can be worked out. This whole thing is really rediculous and I hope it can be taken care of. By saying one bad word that I hear on TV on a regular basis doesn't seem to be worth all of this. But I will have to deal with it.
'

marksiwel wrote:

capttjk wrote:plus, what I was also upset about was his behavior. I am not sure about this, but does a security guard have the right to ask for ID? Does he have the right to block my car and not let me leave, basically detaining me? I felt this was overstepping the authority of a security guard who was in no way a police officer.

I have just never encountered anything like that. Plus I got bad advice from my wife who told me to park in that lot. I guess I should have just parked in the main lot, but since both of our cars are registered with the school, my wife said parking there would be no problem. She was wrong!

are you sure he was a Rent-a-Cop?
Some schools have their own Police Departments.
Or it could be an off duty Cop who works as a Guard for extra cash

Yes, the security guard was an employee of the district, but not a cop. It was an actual ISD cop that came over later and wrote me the ticket after the security guard complained that I said one bad word and he was offended.

But from what I understand, a "peace officer" under the law can't take offence to bad language. In otherwords a cop can't write you a ticket if you swear at them. That is how I read it. It takes a third party to complain in ordrer to get a ticket like this. Anyone that may know for sure, please let me know if I am reading this right. I don't even know if security guard would be considered a "peace officer" or not because he is not a cop.

I will find out for sure on Friday when I have my meeting with my lawyer.

plus, what I was also upset about was his behavior. I am not sure about this, but does a security guard have the right to ask for ID? Does he have the right to block my car and not let me leave, basically detaining me? I felt this was overstepping the authority of a security guard who was in no way a police officer.

I have just never encountered anything like that. Plus I got bad advice from my wife who told me to park in that lot. I guess I should have just parked in the main lot, but since both of our cars are registered with the school, my wife said parking there would be no problem. She was wrong!

CrimsonSoul wrote:I would fight it as calling that guy a ....... it's not even close to matching this

§ 42.01. DISORDERLY CONDUCT. (a) A person commits an
offense if he intentionally or knowingly:
(1) uses abusive, indecent, profane, or vulgar
language in a public place, and the language by its very utterance
tends to incite an immediate breach of the peace;


so unless using the word you did tends to incite an immediate breach of the peace it doesn't seem like it would fly..

IANAL!

Good point, believe me I was shocked at all of this.

I have never had any brush with the law in my life except for a ticket for rolling through a stop sign once. I never knew that saying a word that you hear on TV during primetime would get you into trouble.

What really bothers me is the possible loss of my CHL over this. Seems way to excessive for something so small.

Here is the story:

The CHL was never brought into the picture at all. Basically I had the day off and was dropping lunch off to my wife who is a teacher at her school. I never bring any firearms anywhere near her school when I go to see her so I had no weapons of any type with me or in my car or anything.

Basically, My wife told me to park my car in a school faculty lot because both of our cars are registered to be there. I was confonted by a private security guard who was rude and kinda threating a few moments after parking. He blocked my car in and called the ISD police over because he didn't know who I was and he wouldn't let me leave. I tried to explain I was visiting my wife who is a teacher during her lunch hour. I was upset at his attidute and basically asked him why he was being such a jerk (I used a different word) . That wasn't the right thing for me to do I guess, but after being yelled at by a parking lot security guard for 5 minutes I was kinda upset.

When the cop showed up he was great, and calmed everything down. But since the security guard was "offended" by my use of a bad word, the cop said he had no choice but to write me a ticket. Pretty rediculous incident. I then had lunch with my wife.

I didn't get arrested or anything like that. Its a minor fine if I wanted to pay it and I wouldn't even have to go to court at all, but I have a lawyer who is going to write a letter and get a meeting with the Fort Bend CO DA office prior to the court date to see what they can work out. She said there is a chance they will just drop it but worst case is a short deferred adjudication.

I would just hate to loose my CHL for saying a bad word. Just seems a little overboard for such a dumb situation. I shouldn't have said what I said, but after being yelled at and talked down to by a minumum wage parking lot security guard, I just got a little upset.

I hope my lawyer can work it out. If anyone has any suggestions, please don't hesitate to pass them on.

Hey everyone,

Just a quick question. I know this has probably been talked about before but I want to know what will happen.

I got a ticket for Disorderly Contduct-language. Class C. Did NOT get arrested and its just a ticket which the police officer said was on the same level as a speeding ticket. I have never had anything like this in my life and have had my CHL for 9 years. I have a lawyer working on it and she said if they can't get it dismissed, I can probably get a deferred adjudication and get rid of it that way.

My understanding from what I have always learned is that a Class C didn't matter for a CHL. But when I read the statute is sounds like ANY Disorderly Conduct will cause you to loose your CHL. If so, will going the route of deferred adjudicaiton keep a revocation from occuring?

Just curious as to what will happen.

thanks for the imputs.