LTC eligibility clarification

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chris41g
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LTC eligibility clarification

#1

Post by chris41g » Mon Jun 17, 2019 6:02 pm

(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 was arrested one night in 2013, I was charged and convicted (plea) of DWI (1st time) and Possesion of Marijuana under 2oz.

Is this a disqualification under 411.172c? My first thought is that it is, but using 2 different charges as a basis of a pattern of a "chemically dependent person" seems questionable..

anyone have any insight?

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Crossfire
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Re: LTC eligibility clarification

#2

Post by Crossfire » Tue Jun 18, 2019 2:09 pm

Is this the same incident? Just the charge was changed? Or are these 2 separate incidents?
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chris41g
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Re: LTC eligibility clarification

#3

Post by chris41g » Tue Jun 18, 2019 2:14 pm

Crossfire wrote:
Tue Jun 18, 2019 2:09 pm
Is this the same incident? Just the charge was changed? Or are these 2 separate incidents?
It was one incident, I was charged and plead to both charges. 1 incident but 2 charges.

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Crossfire
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Re: LTC eligibility clarification

#4

Post by Crossfire » Wed Jun 19, 2019 10:56 am

2 charges that resulted from the same arrest would probably be treated as one conviction for LTC purposes.

HOWEVER, I am not a lawyer. I am not DPS. So, your best course of action is to contact DPS, and get an opinion from them.
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ScottDLS
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Re: LTC eligibility clarification

#5

Post by ScottDLS » Wed Jun 19, 2019 8:05 pm

Possession of drugs is not an offense involving the “use” of drugs or alcohol. So it seems only one offense is relevant. You could deal 4000 kg of coke and not be a “chemically dependent person”... :evil2:
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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Re: LTC eligibility clarification

#6

Post by infoman » Fri Jun 21, 2019 6:46 am

They only look at DWI’s for that code.

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