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Still Eligible???

Posted: Wed Aug 08, 2018 8:03 am
by pincushion1979
Good morning all...

Question for anyone with an answer... I have 2 DWIs from back in 2001 and 2003. The second was tried as a first offense. I finished probation and paid all fines, etc. Would I still be eligible for LTC?

411.172(c) states:
(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.

Re: Still Eligible???

Posted: Wed Aug 08, 2018 8:42 am
by flechero
I'll start with I don't actually know... but the bold part may be key.
...has been convicted two times within the 10-year period preceding the date on which the person applies for a license...
Perhaps one of the attorneys will chime in soon.

Good luck!

Re: Still Eligible???

Posted: Wed Aug 08, 2018 8:52 am
by ScottDLS
pincushion1979 wrote: Wed Aug 08, 2018 8:03 am Good morning all...

Question for anyone with an answer... I have 2 DWIs from back in 2001 and 2003. The second was tried as a first offense. I finished probation and paid all fines, etc. Would I still be eligible for LTC?

411.172(c) states:
(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.
I would say you are eligible.

Re: Still Eligible???

Posted: Wed Aug 08, 2018 10:04 am
by infoman
Yes. (assuming neither was felony level)

Re: Still Eligible???

Posted: Wed Aug 08, 2018 10:48 am
by pincushion1979
Thanks all. My fingerprints and background check have been ongoing for over a month now, was just wondering if that may be why. Others that went to the class with me already have license in hand.

Re: Still Eligible???

Posted: Wed Aug 08, 2018 2:05 pm
by Odinvalknir
pincushion1979 wrote: Wed Aug 08, 2018 10:48 am Thanks all. My fingerprints and background check have been ongoing for over a month now, was just wondering if that may be why. Others that went to the class with me already have license in hand.
Timeline is different for everyone. I thought for sure mine would take the full amount, but I had my license in hand about 11 business days after submitting everything. Usually I believe if they want more info on criminal stuff they will mail you something saying so, which unfortunately in turn adds an extra 180 days that they can take to review and work on your application.

Re: Still Eligible???

Posted: Wed Aug 08, 2018 2:25 pm
by pincushion1979
I just found all my court paperwork doing an online search. So I saved it and submitted to the LTC application page. Hopefully that will help them out and speed things up.

Re: Still Eligible???

Posted: Wed Aug 08, 2018 3:04 pm
by KC5AV
pincushion1979 wrote: Wed Aug 08, 2018 2:25 pm I just found all my court paperwork doing an online search. So I saved it and submitted to the LTC application page. Hopefully that will help them out and speed things up.
You will likely need to provide official copies of the disposition from the jurisdiction(s) where these took place.

Re: Still Eligible???

Posted: Fri Aug 10, 2018 7:08 am
by pincushion1979
All green, except for print pending now. Been waiting on everything to go green since May. :anamatedbanana