TexasCHLforum.com

...before I surrendered my CHL, I'd have to spend some money with a lawyer and see if I could get that charge removed...stranger things have happened...I feel for him because I fight a potty mouth, too...it's real easy to mess up...and, if he can't keep his Texas CHL and can legally get ANY other reciprocating state's...ANY license to carry on here...GO FOR IT...you shouldn't lose your 2A rights for excercising your 1A rights, however unwisely...

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I read the story. I'd say that Fridge, for sure, made some bad decisions and acted poorly but that her behavior wasn't at all villainous enough to cause her to loose her second amendment rights.

Can you say "police state"...

...I'm confused...is Fridge the OP??? is smooth operator telling another story??? if the story and link cover the incident the OP related, that was in '08...was it plead guilty to, or the fine paid, or was it contested in court? was a lawyer used?

couzin wrote:Agree - there is more to this story I betcha! Plus - should this forum be suggesting to a first time poster how to circumvent the loss of a Texas CHL because of a chargeable offense under Texas codes by going to an out of state license/permit?

Some of us view the whole licensing process as a pain in the neck tax and regulatory hurdle to be endured since our society has obviously lost its' way when it comes to "shall not be infringed". From that perspective, any legal alternative is fair game.

Jumping Frog wrote:

couzin wrote:Agree - there is more to this story I betcha! Plus - should this forum be suggesting to a first time poster how to circumvent the loss of a Texas CHL because of a chargeable offense under Texas codes by going to an out of state license/permit?

Some of us view the whole licensing process as a pain in the neck tax and regulatory hurdle to be endured since our society has obviously lost its' way when it comes to "shall not be infringed". From that perspective, any legal alternative is fair game.

Probably most would agree that revocation of some of the 2nd amendment rights because of an exercise of the 1st amendment is pretty extreme.

speedsix wrote:...before I surrendered my CHL, I'd have to spend some money with a lawyer and see if I could get that charge removed...

The time should and should be spent before pleading guilty to anything. If all the OP was arrested was for words, he probably could have got it dismissed or changed to a lesser charge.

WildBill wrote:

speedsix wrote:...before I surrendered my CHL, I'd have to spend some money with a lawyer and see if I could get that charge removed...

The time should and should be spent before pleading guilty to anything. If all the OP was arrested was for words, he probably could have got it dismissed or changed to a lesser charge.

Lesser than a class-C misd?

sjfcontrol wrote:

WildBill wrote:

speedsix wrote:...before I surrendered my CHL, I'd have to spend some money with a lawyer and see if I could get that charge removed...

The time should and should be spent before pleading guilty to anything. If all the OP was arrested was for words, he probably could have got it dismissed or changed to a lesser charge.

Lesser than a class-C misd?

Perhaps a different class C, which would have lesser impact on a CHL holder.

alphonso wrote:To the OP:

Could you give a bit more information about what you said, who you said it to, and where you were at the time?

Thanks...

I was in Austin at the UT campus on game day, (Not somewhere I would normally want to be, but I got roped into helping with security at the stadium). I was getting dropped off so as to avoid parking hassles, etc. When we turned down a road I expected to be open, we were stopped and they said you have to turn around. I decided I might as well walk from there, so I hopped out of the car and crossed the closed road. Two sheriffs ran up telling me I needed to get back in the car, have the driver pull foreward another 5 feet to be in a marked parking space before I could get out. This was ridiculous in my mind, (Cross the street again, get back in, pull foreward, get back out, since the road was closed anyway...) and I said "what the heck, are you serious?!? All of that to cross the street?" I guess the sheriff had delt with one too many tailgaters or just felt like being a jerk, and wrote me up on disorderly conduct (No arrest, no handcuffs, just what appeared to be a speeding ticket with 'Disorderly Conduct- Language' written in under the offense). I showed him my CHL when asked for ID, and he never even thought to ask if I was carrying at the time. Saw my military ID and started lecturing me on how he was an ex-marine and I needed to learn my place or somesuch...

As far as a lawyer, I tried the best I could figure out how, but being unfamiliar with the Texas legal system (The legal system in general really, I've never even had a speeding ticket before...) all I got with every phone call was an answering machine (Where I left a message only to never be called back) or the court telling me they have no responsibility to help me, and no system exists to give me counsel on this charge.

Oh, another twist, as far as an out-of-state, I hold my CHL in Texas under the Military exemption. I don't know that any other state offers that, but I would have to research it.

Seems like a pretty lousy reason to lose your CHL.

sjfcontrol wrote:Seems like a pretty lousy reason to lose your CHL.

I agree. The F-word shouldn't cost me my ability to protect myself. But if this DOC thing is Texas-specific, I'll only be here for another two years I guess, then I'll be back either on-base in Florida or on a ship somewhere, so it won't be an issue.

He.sounds like an insecure little man who doesn't deserve the title of US Marine. I wonder if he's lying Because he never would survive boot camp if foul language within 100 yards makes him unable to control his temper so severely that it incites him to breach the peace.

Plead not guilty. There are several elements to the DOC language clause and one of them is not present in your story. The language must be offensive, profane, abusive or indecent. That could be considered true in this case. The incident must occur in a public place. That is also true in this case. But the third element is that the language, by its very utterance, must tend to provoke an immediate breach of the peace. To me, the key part of this phrase is the by its very utterance. Note that it does not have to succeed in provoking the breach of the peace, just tend towards it.

If it was just that question, even with the stronger language I assume is implied, there is no way anyone would buy into its very utterance provokes a breach of the peace.

Of course, get a copy of the report on the incident before the court. By pleading not guilty, you can subpoena all reports of the incident, including the officer's notes. It might be interesting reading on his point of view.

Any decent lawyer should be able to get this case dismissed. You might do it yourself by pleading not guilty. You can also approach the prosecutor with the offer of a plea bargain to be found guilty of a different charge. Offer to plead guilty to class C assault (verbal). The fine is the same but it does not cost you your CHL.

Of course, you would need to consider how all of this might affect your military career also. I do recommend a lawyer for any incident when dealing with the police or courts, especially in your case because of the career.

srothstein wrote:Plead not guilty.

As I read the OP, he already did so it's moot.