Florida Misdemeanor

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ScottDLS
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Re: Florida Misdemeanor

#16

Post by ScottDLS »

Keith B wrote:
infoman wrote:see the last sentence on this section.

GC §411.172. ELIGIBILITY. (b) For the purposes of this section, an offense under the laws of this state, another state, or the United States is: (1) except as provided by Subsection (b-1), a felony if the offense, at the time the offense is committed: (A) is designated by a law of this state as a felony; (B) contains all the elements of an offense designated by a law of this state as a felony; or (C) is punishable by confinement for one year or more in a penitentiary; and (2) a Class A misdemeanor if the offense is not a felony and confinement in a jail other than a state jail felony facility is affixed as a possible punishment.
So with this, it will disqualify you for 5 years from the date of disposition, which should be on or after March 2020.
Might depend on whether OP actually got arrested or just ticketed, and then if Florida puts these in NCIC. Lot's of states have "possible" jail time for traffic tickets, but don't usually bother to report them. In DC speeding is a Federal infraction and I believe can theoretically get 30 days in jail. If OP wasn't arrested, I would just apply for the LTC and see what happens. Minor in posession of alcohol is a class C in Texas, as is DUI (not DWI), and neither are prohibiting to a LTC.
4/13/1996 Completed CHL Class, 4/16/1996 Fingerprints, Affidavits, and Application Mailed, 10/4/1996 Received CHL, renewed 1998, 2002, 2006, 2011, 2016...). "ATF... Uhhh...heh...heh....Alcohol, tobacco, and GUNS!! Cool!!!!"

infoman
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Re: Florida Misdemeanor

#17

Post by infoman »

If the charge from Florida is a misdemeanor (whether 1 or 2) & there's possible jail time you'll be denied. If it's an "infraction" like a speeding ticket, that's different. But, original post stated it was a Misdemeanor 2 in Florida. I'll be the guy saying I told you so when you get denied. Just because a charge is a class C misdemeanor in TX, doesn't mean they classify it as s class C if it's out of state. Go back & read the code I posted earlier. Any out of state "misdemeanor" (not "infraction/violation") is considered a Class A misdeanor to DPS if any possible jail time is affixed as a possibly punishment. they deny people all the time for charges like the one the poster used in original post. By the way, Florida only had a 1st & 2nd degree misdemeanor, both of which have jail as a possible punishment. The charge would have to be labeled an "infraction" to be ok.
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ScottDLS
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Re: Florida Misdemeanor

#18

Post by ScottDLS »

infoman wrote:If the charge from Florida is a misdemeanor (whether 1 or 2) & there's possible jail time you'll be denied. If it's an "infraction" like a speeding ticket, that's different. But, original post stated it was a Misdemeanor 2 in Florida. I'll be the guy saying I told you so when you get denied. Just because a charge is a class C misdemeanor in TX, doesn't mean they classify it as s class C if it's out of state. Go back & read the code I posted earlier. Any out of state "misdemeanor" (not "infraction/violation") is considered a Class A misdeanor to DPS if any possible jail time is affixed as a possibly punishment. they deny people all the time for charges like the one the poster used in original post. By the way, Florida only had a 1st & 2nd degree misdemeanor, both of which have jail as a possible punishment. The charge would have to be labeled an "infraction" to be ok.
There are numerous states where speeding has potential jail time as a penalty and regardless of whether they call it an infraction or violation, by the letter of the law, it is considered a Class A misdemeanor by Texas for LTC purposes and therefore is prohibiting for 5 years.
(b) For the purposes of this section, an offense under the laws of this state, another state, or the United States is:
...
(2) a Class A misdemeanor if the offense is not a felony and confinement in a jail other than a state jail felony facility is affixed as a possible punishment.
I suggested in my earlier post that it may come down to whether you were arrested or if the other state keeps track of violations such as the OP brought up. Federal "infractions" carry potential jail time up to 30 days and speeding in DC is an infraction. I personally have never gotten a traffic ticket in DC, but if you want to get technical a speeding violation would bar you from LTC for 5 years...that is IF it was discovered.
4/13/1996 Completed CHL Class, 4/16/1996 Fingerprints, Affidavits, and Application Mailed, 10/4/1996 Received CHL, renewed 1998, 2002, 2006, 2011, 2016...). "ATF... Uhhh...heh...heh....Alcohol, tobacco, and GUNS!! Cool!!!!"
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