Failure to conceal, public intoxication

[txinvestigator]

I wonder if they actually charged him with PI, a Class C Misdemeanor, or with Unlawful Carry by a License Holder, a class A misdemeanor.

[KBCraig]

I wonder if they actually charged him with PI, a Class C Misdemeanor, or with Unlawful Carry by a License Holder, a class A misdemeanor.

Yes, I'm waiting to see that too.

If you can trust the news report (always a risky thing), he wasn't charged with failing to conceal, because it was accidental. If true, I'm glad the police caught on that failing to conceal must be deliberate.

[seamusTX]

... he wasn't charged with failing to conceal, because it was accidental. If true, I'm glad the police caught on that failing to conceal must be deliberate.

The Galveston County DA' s office was embarrassed a couple of years ago because they charged a guy with unintentionally failing to conceal, and the judge threw out the charge.

- Jim

[ElGato]

The Texas City PD has, in my opinion, alway's been very reasonable with CHL's.

[mctowalot]

I hate check cashing places like this. Might be off thread but I must share a recent experiance. Normally I cash my pay check at my local corner gas station. The clerks and I are friends and we have an understanding: They only cash my checks when it's just us in the strore and if somebody comes in during the "money count" they set it out of sight and wait untill were alone again before resuming. Well I got a settlement check after an auto accident and since I didn't have a bank account - don't ask - I was forced to go to Ace Cash Express. I think the clerk tried to set me up (yeah yeah I'm paranoid).

[CHL/LEO]

Intoxication DOES include any drug or controlled substance.

Can you explain from the LEO point of view what kind of evidence collection would follow a PI arrest?

Would they draw blood or take a urine sample, or just rely on officers' testimony.

- Jim

We wouldn't do any of that for a simple PI in Dallas - it's only a simple Class C misdemeanor. We won't even draw blood on a DWI arrest unless there is a fatality involved.

Being this is just a class C I wouldn't think it should effect his CHL at all.

[KBCraig]

Being this is just a class C I wouldn't think it should effect his CHL at all.

It proves he was carrying while intoxicated -- his CHL could certainly be in danger.

[seamusTX]

If he (hypothetically) is found guilty of or pleads to class C PI, I doubt it will come to the attention of anyone in DPS.

A CHL holder could be guilty of PI while not carrying, which is not a violation of 46.035.

I still don't know anything about this story that was not in the original newspaper account.

- Jim

[frankie_the_yankee]

.... The man had a CHL but was charged with public intoxication "because [police] suspect he was high on prescripton medication.".....


- JIm

The question is was it HIS prescription medication he was high on? I refrained from carrying when I went to breakfast Saturday morning as I was taking Vicodin post my surgery. While I feel perfectly normal while taking them, I felt it was better to not have to worry about my perceived state of medicinal well being if anything were to happen.

I have some prescription painkillers that I sometimes need for severe back pain. From experience I have found that I'm OK if I only take one, (i.e. don't feel intoxicated, don't act intoxicated, etc.) but if the pain is really bad and I need to take two it's a different story. It is evident, at least to me, that my reactions are slower and less precise. IOW, not normal.

So if I need to take more than one I either stay home or have someone drive me where I need to go. And I if I do leave home I do not take my carry gun with me.

If I just take one I do not alter my activities or normal routine. So if I need to run an errand or something I do it, including driving and carrying. Legal? I really don't know for sure. But I'm OK with it.

I don't take the prescription with me unless I'm going away on some overnight trip. So if the pain hits while I'm out and about, all I can do it suck it up and take it until I get home.