DWI eligibility question!

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sulfur
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DWI eligibility question!

#1

Post by sulfur » Fri Feb 17, 2012 8:27 pm

New guy here, love the site, been lurking for a bit but haven't found an exact answer via the search feature (man there are a lot of post to filter through).
Here is the deal:
Arrested in Dec 07 for DWI, I hired an Attorney and in July 08 the charges were reduced to “obstruction of a roadway”, I got 18 mo. Differed adjudicated probation with a $2,000 fine. Did my probation and paid off all fines. I can’t find in the penal code the exact classification of obstruction of a roadway, and the law says some offences with probation, but was wondering if any one knows if this will make me ineligible.


smoothoperator
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Re: DWI eligibility question!

#2

Post by smoothoperator » Fri Feb 17, 2012 8:31 pm

A class A or B misdemeanor conviction gets you a 5 year time out.
Last edited by smoothoperator on Fri Feb 17, 2012 8:32 pm, edited 1 time in total.

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RoyGBiv
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Re: DWI eligibility question!

#3

Post by RoyGBiv » Fri Feb 17, 2012 8:32 pm

http://law.onecle.com/texas/penal/42.03.00.html" onclick="window.open(this.href);return false;

First hit on Google. Looks like a Class B Misd.

ETA:
GC §411.172. ELIGIBILITY. (a) A person is eligible for a license to carry a concealed handgun if the person:
(8) has not, in the five years preceding the date of application, been convicted of a Class A or Class B misdemeanor or equivalent offense or of an offense under Section 42.01, Penal Code, or equivalent offense;
I am not a lawyer. This is NOT legal advice.!
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Topic author
sulfur
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Joined: Fri Feb 17, 2012 6:32 pm

Re: DWI eligibility question!

#4

Post by sulfur » Fri Feb 17, 2012 8:37 pm

Arest was for DWI. The conviction was for "Obstruction of a roadway" I got Differed adjudicated probation.


smoothoperator
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Re: DWI eligibility question!

#5

Post by smoothoperator » Fri Feb 17, 2012 8:43 pm

(4) "Convicted" means an adjudication of guilt or, except as provided in Section 411.1711, an order of deferred adjudication entered against a person by a court of competent jurisdiction whether or not the imposition of the sentence is subsequently probated and the person is discharged from community supervision.
http://codes.lp.findlaw.com/txstatutes/ ... /H/411.171" onclick="window.open(this.href);return false;
http://codes.lp.findlaw.com/txstatutes/ ... H/411.1711" onclick="window.open(this.href);return false;
http://codes.lp.findlaw.com/txstatutes/PE/9/42/42.03" onclick="window.open(this.href);return false;


Topic author
sulfur
Junior Member
Posts in topic: 3
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Joined: Fri Feb 17, 2012 6:32 pm

Re: DWI eligibility question!

#6

Post by sulfur » Fri Feb 17, 2012 8:58 pm

Thanks for all the links smoothoperator! Just for someone doing a search, obstruction of a roadway in Texas is a Class B misdemeanor!

Thanks for all the replies.

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