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Violate Promise to Appear
Posted: Sun Jan 12, 2014 7:17 pm
by LadyLightening
Please forgive me if this is the wrong place to be posting this but I figured CHL instructors would definetley have an answer to my question!
I have a "violate promise to appear" conviction on my driving record, the law does not specify what class the misdeameanor is. Is this going to effect my CHL application?
Re: Violate Promise to Appear
Posted: Sun Jan 12, 2014 7:40 pm
by SewTexas
OK, if I'm reading your post correctly....and I am reading things correctly on the DPS website....then this is the way I interpret things....(I'm no lawyer tho)
1) I'm reading your post to say the failure to appear was failure to show up at traffic court
2) Looks like DPS simply says they can take away your drivers license if you do that...it doesn't really say anything else
3) I know there is more than that if it goes on for too long because I know they'll issue warrants for it, but it doesn't say anything on the DPS website....
4) Sooooo, unless you were handcuffed, apply, but put it on your application.
(edit.....someone who knows more may come along and add more or completely disagree with me)
Re: Violate Promise to Appear
Posted: Sun Jan 12, 2014 7:56 pm
by sjfcontrol
DPS has stated in the past, that even if a traffic ticket (class C misd.) "goes to warrant", it would not affect your CHL eligibility. But that they WOULD give you a "courtesy call" to let you know that the situation needs to be resolved.
That sounds like what you're talking about to me.
Re: Violate Promise to Appear
Posted: Sun Jan 12, 2014 8:14 pm
by Shoot Straight
If you took care of it, I would list it on the application with the associated documents showing that. Some people say it's not required for C misdemeanors but I would hate for the DPS check to turn up an old warrant and not know what it was for. If you didn't take care of it, I would do that before applying for the same reason of outstanding warrants.
Better safe than sorry.
Re: Violate Promise to Appear
Posted: Sun Jan 12, 2014 8:47 pm
by LadyLightening
Sorry I didn't specify, it was for a traffic ticket that did go to a warrant. It has been taken care of for a long awhile now. My CHL is at the background check stage and I had forgotten about the conviction until a few days ago. Thanks for the help!!
Re: Violate Promise to Appear
Posted: Sun Jan 12, 2014 9:50 pm
by SewTexas
since you didn't claim it and your paperwork is already filed, I'm not sure what's going to happen.....be ready for your background check to take a long time.
Re: Violate Promise to Appear
Posted: Sun Jan 12, 2014 10:00 pm
by Keith B
A failure to appear on a traffic ticket is a Class C misdemeanor. It shouldn't impact your CHL or the background check since it had been taken care of. If they do need additional information, they will contact you requesting a certified copy of the disposition. However, I doubt they will request anything since it was only a Class C.
Re: Violate Promise to Appear
Posted: Sun Jan 12, 2014 10:01 pm
by LadyLightening
SewTexas wrote:since you didn't claim it and your paperwork is already filed, I'm not sure what's going to happen.....be ready for your background check to take a long time.
Yeah, I figured it might have an impact... A friend got their first update on Thursday as well and hers showed mailed as of yesterday.
Re: Violate Promise to Appear
Posted: Mon Jan 13, 2014 11:12 am
by RPBrown
One issue may be that if you were actually arrested and didn't list it, they may send you a letter to provide a court disposition in which case you contact the court clerk of the county it happened.
Re: Violate Promise to Appear
Posted: Mon Jan 13, 2014 11:21 pm
by LadyLightening
RPBrown wrote:One issue may be that if you were actually arrested and didn't list it, they may send you a letter to provide a court disposition in which case you contact the court clerk of the county it happened.
I wasn't arrested. I had a police officer show up like a year later at my house saying I had a warrant and that I could pay it now in cash without going to jail soo I tossed over $637 to Denton County.
Re: Violate Promise to Appear
Posted: Tue Jan 14, 2014 9:06 am
by RPBrown
If you were never arrested then it does not have to be listed
Re: Violate Promise to Appear
Posted: Tue Jan 14, 2014 10:09 am
by drumbdummer
I had a similar situation. Failure to appear on a traffic violation, however, I was eventually arrested for it. I called DPS before I applied and asked. The person to whom I spoke said that I MUST list or risk denial due to failure to disclose. I listed. When I applied, I didn't have a final disposition paper. My CHL took FOREVER to clear due to this. My friends got theirs in about 4 weeks. Mine took in the neighborhood of 90 days. The failure to disclose is what may get you. If I were you, I would call the DPS number and ask what you need to do!
Good Luck
Re: Violate Promise to Appear
Posted: Tue Jan 14, 2014 10:16 am
by Keith B
If you weren't arrested (fingerprinted and photographed), then you do not need to list it.
Re: Violate Promise to Appear
Posted: Tue Jan 14, 2014 7:42 pm
by LadyLightening
Good news! My background check is completed and manufacturing pending
Re: Violate Promise to Appear
Posted: Tue Jan 14, 2014 7:42 pm
by jmra
LadyLightening wrote:Good news! My background check is completed and manufacturing pending
Congrats, again.