What constitutes an arrest for CHL application purposes?

[AG-EE]

I have talked a friend into taking the CHL class with me (his initial, my renewal). Many moons ago he had a traffic incident and he was charged with wreckless driving (this took place in Louisiana). He was not arrested per se, but they took his license away until his trial just to ensure he would appear, only because he lived in a different county than where the charges took place. He was not convicted of it, he plead down to a Class C misdemeanor and paid a fine of $125, and his license was immediately returned.

Does he need to list this as an arrest on his application?

Thanks in advance.

[txinvestigator]

I have talked a friend into taking the CHL class with me (his initial, my renewal). Many moons ago he had a traffic incident and he was charged with wreckless driving (this took place in Louisiana). He was not arrested per se, but they took his license away until his trial just to ensure he would appear, only because he lived in a different county than where the charges took place. He was not convicted of it, he plead down to a Class C misdemeanor and paid a fine of $125, and his license was immediately returned.

Does he need to list this as an arrest on his application?

Thanks in advance.

Your friend should poist here, as we need to ask several question for clarification.

Bottom line, if he fails to list it and DPS discovers it, he will never get a CHL.

[AG-EE]

What do you need to clarify, and I will ask him? I told him it would be safer to list it and DPS can ignore it, but he doesn't remember what he was finally convicted of. He believes it was Failure to Yield Right of Way, he knows it was a Class C, he paid a fine of $125, got his license back, and went home.

He said it was standard for LA police to take a license away if the offender lived in a different parish. That is/was their way of ensureing that they will appear in court.

[txinvestigator]

What do you need to clarify, and I will ask him? I told him it would be safer to list it and DPS can ignore it, but he doesn't remember what he was finally convicted of. He believes it was Failure to Yield Right of Way, he knows it was a Class C, he paid a fine of $125, got his license back, and went home.

He said it was standard for LA police to take a license away if the offender lived in a different parish. That is/was their way of ensureing that they will appear in court.

It is common for some states to hold a person's DL until the disposition of the case. If he was convicted of a Class C he has no problem unless he does not list it.

I find it hard to believe that he does not remember what he was convicted of.

[AG-EE]

I guess the question is, does a ticket constitute an arrest? He was not hauled off to jail, they wrote him a ticket and took his license.

He doesn't remember the exact term used on his final disposition, it happened in 1988, it was failure to (do something) .

Speaking of that, I got a ticket for violating a city ordinance a few years ago. Is that something I need to list on my renewal application as well? It was also a Class C.

[barres]

There is a post here on the forum somewhere (I don't have time to try to find it right now), where someone says that you are considered to have been arrested if you are fingerprinted. So virtually any traffic violation would not count as an arrest. But please don't take my recollection as definitive; do a seach of the forum.

[Crossfire]

The DPS says that, unless you have been photographed and fingerprinted, you have not been arrested. Still, I would ask your friend to contact the agency that processed him to determine the charge and disposition of the case.

Bottom line is, if he puts it on the application, it won't hurt him. Class C Misdemeanors won't keep you from getting licensed. But, if he fails to disclose it and the DPS finds out that he was arrested, they will not issue a license... period, ever, have a nice life.

Good luck.

[AG-EE]

Thanks for the replies. He definately was not photgraphed or fingerprinted, but I will tell him he might want to list it anyway.

[DevilDoc]

I find it hard to believe that he does not remember what he was convicted of.

I don't. I talk to patients everyday that can't remember the names of medicines they take on a daily basis.

Everyone makes mistakes, albeit some worse than others. If you're smart, you'll learn your lesson and continue on with a respectable life - most want to put those mistakes behind them. Others choose to continue and make the same mistakes repeatedly; ultimately never learning anything.

[txinvestigator]

I find it hard to believe that he does not remember what he was convicted of.

I don't. I talk to patients everyday that can't remember the names of medicines they take on a daily basis.

Everyone makes mistakes, albeit some worse than others. If you're smart, you'll learn your lesson and continue on with a respectable life - most want to put those mistakes behind them. Others choose to continue and make the same mistakes repeatedly; ultimately never learning anything.

I can see that; however, dealing for a long time with people wondering about their criminal background I have found that they know. They may not, for whatever reason, not want to say, but people know.

[txinvestigator]

I guess the question is, does a ticket constitute an arrest? He was not hauled off to jail, they wrote him a ticket and took his license.

Thats what I was looking for. I don't believe that will be looked at as an arrest.

He doesn't remember the exact term used on his final disposition, it happened in 1988, it was failure to (do something) .

Speaking of that, I got a ticket for violating a city ordinance a few years ago. Is that something I need to list on my renewal application as well? It was also a Class C.

Even on Class C's dispositions are important. A conviction for certain Class C's in can result in a denial.

[Charles L. Cotton]

Thanks for the replies. He definately was not photgraphed or fingerprinted, but I will tell him he might want to list it anyway.

I hope some of the CHL instructors will chime in on this, but if he's in doubt, it seems to me he could list it as a Class C ticket in 1988, with no custodial arrest, and state that he can't recall the technical charge.

How about it instructors, will this work?

Chas.

[AG-EE]

If someone was actually arrested for something, I would belive that they would remember, but just for a ticket? His only reason for wondering if he should list it was because when he got his DOD security clearance, any violation that had a fine of more than $100 had to be listed.

I got a city ordinance violation ticket a few years ago for posessing alcohol inside a city park. I don't know what the actual charge was called, because I blew it off. It wasn't important to me, it doesn't go on any criminal record, it just cost me $200. I didn't even remember the exact year it happened because such a thing is trivial to me.

[Commander]

Even on Class C's dispositions are important. A conviction for certain Class C's in can result in a denial.

TxInvestigator, You have a lot of knowledge on the CHL laws, but I am wondering about your Class C quote above. I see nothing in the CHL laws that refers to a denial for a Class C conviction of any kind. Can you elaborate on this?

Thanks

[Crossfire]

Even on Class C's dispositions are important. A conviction for certain Class C's in can result in a denial.

TxInvestigator, You have a lot of knowledge on the CHL laws, but I am wondering about your Class C quote above. I see nothing in the CHL laws that refers to a denial for a Class C conviction of any kind. Can you elaborate on this?

Thanks

I'm not TX, but I can tell you that a disorderly conduct charge can be a Class C, and will get you denied for 5 years from the date of conviction.