Reckless Driving

longtooth · Post by **longtooth** » Fri Oct 13, 2006 8:09 pm

tx, how do you remember all this stuff

Roger Howard · Post by **Roger Howard** » Fri Oct 13, 2006 9:23 pm

longtooth wrote:tx, how do you remember all this stuff

I bet he has it all cataloged on his computer by now.

txinvestigator · Post by **txinvestigator** » Sat Oct 14, 2006 1:43 am

longtooth wrote:tx, how do you remember all this stuff

I am a former LEO and current CHL and Private Security Licensed instructor. I learned long ago that I would be challenged every time someone heard something opposed to what I knew to be true.

I seldom comment unless I know for sure. Today on this board I made a mistake when commenting about what Texas considered felonies from other states. I don't like to give bad info. So I learned to study applicable law, and discussing it and looking things up keeps me sharp.

One of my "secrets" is knowing where to look for info, and not answering until I have verified the info.

I have also decided to re-enter Law Enforcement, and I have been studying the laws like crazy.

This is my career and life. If I were an accountant, I would know that stuff like I know this stuff. As It is, I hire an accountant and depend on her to know that business and its laws. I depend on attorneys for legal counsel on all sorts of matters. I expect them to know their stuff.

When I have needed spiritual guidance, you have never failed me. You know "that stuff".

Its all a matter of what you focus on.

As a wise man once told me, I don't need a great catalogue as long as I have a great index. lol

"every man is in some way my superior, in that I can learn from him". I believe that was Emerson?

KBCraig · Post by **KBCraig** » Sat Oct 14, 2006 2:08 am

txinvestigator wrote:
KBCraig wrote:Most people find it hard to believe that traffic offenses in Texas aren't "infractions" or "violations", but crimes (starting at Class C Misdemeanor and going up) for which you can be arrested.
Being arrested and being sentenced are two different things.

Of course. I wasn't arguing comparative punishments, only pointing out that many people are surprised that Texas traffic laws are misdemeanor (and up) crimes, not merely administrative offenses like in many states.

You CAN be arrested for ALL traffic offenses, but those that are a class C can only be punished by a fine.

You also CAN be arrested and spend a weekend in jail for a traffic code "crime" which carries no possibility of jail. Don't expect a magistrate or JP to be on call over a long holiday weekend in Bugtussle.

Treating non-TX misdemeanors as TX felonies could open all sorts of cans of worms. Suppose someone was convicted of a Class-C equivalent misdemeanor account of peddling "obscene devices" in another state: in Texas, possession of six or more "obscene devices" (i.e., lifelike "marital aids") is de facto "distribution of obscene devices", which is a felony.

You mentioned making a mistake about equating Texas law to other states; I must have missed that clarification. Can you make a specific post about that?

Kevin

txinvestigator · Post by **txinvestigator** » Sat Oct 14, 2006 2:13 am

KBCraig wrote:
txinvestigator wrote:
KBCraig wrote:Most people find it hard to believe that traffic offenses in Texas aren't "infractions" or "violations", but crimes (starting at Class C Misdemeanor and going up) for which you can be arrested.
Being arrested and being sentenced are two different things.
Of course. I wasn't arguing comparative punishments, only pointing out that many people are surprised that Texas traffic laws are misdemeanor (and up) crimes, not merely administrative offenses like in many states.

You CAN be arrested for ALL traffic offenses, but those that are a class C can only be punished by a fine.
You also CAN be arrested and spend a weekend in jail for a traffic code "crime" which carries no possibility of jail. Don't expect a magistrate or JP to be on call over a long holiday weekend in Bugtussle.

Treating non-TX misdemeanors as TX felonies could open all sorts of cans of worms. Suppose someone was convicted of a Class-C equivalent misdemeanor account of peddling "obscene devices" in another state: in Texas, possession of six or more "obscene devices" (i.e., lifelike "marital aids") is de facto "distribution of obscene devices", which is a felony.

You mentioned making a mistake about equating Texas law to other states; I must have missed that clarification. Can you make a specific post about that?

Kevin

I fail to see your point. Are we agreeing?

jhutto · Post by **jhutto** » Sun Oct 15, 2006 11:00 am

txinvestigator, what are you trying to say by quoting those 2 things? Do you agree with my conclution.. or Iam I reading somthing wrong. I hope I am wrong.

KBCraig · Post by **KBCraig** » Sun Oct 15, 2006 11:49 am

txinvestigator wrote:I fail to see your point. Are we agreeing?

We're not disagreeing. I was just pointing out that you can spend time in jail for a Class C traffic misdemeanor, even though the penalty doesn't carry jail time.

Kevin

txinvestigator · Post by **txinvestigator** » Sun Oct 15, 2006 1:55 pm

KBCraig wrote:
txinvestigator wrote:I fail to see your point. Are we agreeing?
We're not disagreeing. I was just pointing out that you can spend time in jail for a Class C traffic misdemeanor, even though the penalty doesn't carry jail time.

Kevin

Yes. The arrest requiring of bail is a way to insure the person appears for trial. Many people do confuse that.

jhutto · Post by **jhutto** » Sun Oct 15, 2006 2:21 pm

Ok, well In NY the state lists jail time as a possible punishment, so am I right that the CHL law takes this as a class a misd?
Thanks

txinvestigator · Post by **txinvestigator** » Sun Oct 15, 2006 2:53 pm

jhutto wrote:Ok, well In NY the state lists jail time as a possible punishment, so am I right that the CHL law takes this as a class a misd?
Thanks

I would have to see all of the relevant law. Your snippet is not enough for me to be convinced. It called traffic an "infraction" rather than an offense.

and in Texas, a maximum 15 days would not be a Class A.

jhutto · Post by **jhutto** » Sun Oct 15, 2006 4:37 pm

So is an infraction an offence? An infraction is not any level of Misd. in NY.
I do not see offence defined in the definitions section of the texas law. Should I ask DPS what their interpretation is? I did see one case on a texas reakless driving case, (class C) but because of the wording of the CHL-law they ruled it was a class A for that purpose. He lost his CHL....

Odin · Post by **Odin** » Wed Oct 18, 2006 5:32 pm

Before you plead guilty you might want to have your attorney check into the statute of limitations on your offense and see if the state can still pursue charges. I don't know what the NY law is regarding those matters, but if you were in the state and not a fugitive avoiding prosecution then the state probably has a set length of time to pursue the charges or they may be dismissed. If you're hiring an attorney it's a valid thing to check in to.

txinvestigator · Post by **txinvestigator** » Wed Oct 18, 2006 5:37 pm

Odin wrote:Before you plead guilty you might want to have your attorney check into the statute of limitations on your offense and see if the state can still pursue charges. I don't know what the NY law is regarding those matters, but if you were in the state and not a fugitive avoiding prosecution then the state probably has a set length of time to pursue the charges or they may be dismissed. If you're hiring an attorney it's a valid thing to check in to.

He has already been charged. The statute of limitations only applies to the filing of charges.

Odin · Post by **Odin** » Wed Oct 18, 2006 5:50 pm

txinvestigator wrote:
Odin wrote:Before you plead guilty you might want to have your attorney check into the statute of limitations on your offense and see if the state can still pursue charges. I don't know what the NY law is regarding those matters, but if you were in the state and not a fugitive avoiding prosecution then the state probably has a set length of time to pursue the charges or they may be dismissed. If you're hiring an attorney it's a valid thing to check in to.
He has already been charged. The statute of limitations only applies to the filing of charges.

After filing the charge, and assuming the defendant is not avoiding prosecution which causes the prosecution to be delayed, does the state have to pursue prosecution of the case in any prescribed amount of time, or can the charges hang over someone's head indefinitely?

txinvestigator · Post by **txinvestigator** » Wed Oct 18, 2006 6:09 pm

Odin wrote:
txinvestigator wrote:
Odin wrote:Before you plead guilty you might want to have your attorney check into the statute of limitations on your offense and see if the state can still pursue charges. I don't know what the NY law is regarding those matters, but if you were in the state and not a fugitive avoiding prosecution then the state probably has a set length of time to pursue the charges or they may be dismissed. If you're hiring an attorney it's a valid thing to check in to.
He has already been charged. The statute of limitations only applies to the filing of charges.
After filing the charge, and assuming the defendant is not avoiding prosecution which causes the prosecution to be delayed, does the state have to pursue prosecution of the case in any prescribed amount of time, or can the charges hang over someone's head indefinitely?

Good question. if a warrant is issued then it last forever. However, if the state just sits on it, I don't know. This was NY, so Texas law is probably different...Charles???

And I should clarify...by filing charges I mean an indictment in a felony crime and either an indictment or information in a misdemeanor.