Ok this will be long. I was looking at the laws and found this. What will Happen? Suspension or Revocation?
under Revocation it says... (The bold type is what I am asking about...)
(a) a license may be revoked under this section if the license holder:
1 was not given...
2gave false...
this is the interesting part:
3 subsequently becomes ineligible for a license under section 411.172 (eligibility) UNLESS THE SOLE BASIS FOR THE INELIGIBILITY IS THAT THE LICENSE HOLDER IS CHARGED WITH A CLASS A OR CLASS B MISDEMEANOR OR AN OFFENSE UNDER SECTION 42.01 (DISORDERLY CONDUCT), PENAL CODE, OR OF A FELONY UNDER AN INFORMATION OR INDICTMENT;.......
First question: Will there be no revocation for my class B?
Second Question: What does "UNLESS THE SOLE BASIS FOR THE INELIGIBILITY IS THAT THE LICENSE HOLDER IS CHARGED WITH A CLASS A OR B......" mean?
Moving on to suspension...
411.187 Suspension of license.
(a) a license may be suspended under this section if the license holder:
(1) IS CHARGED WITH THE COMMISSION OF A CLASS A OR CLASS B MISDEMEANOR OR AN OFFENSE UNDER SECTION 42.01(DISORDERLY CONDUCT), PENAL CODE OR OF A FELONY UNDER AN INFORMATION OR INDICTMENT
(2) fails...
(3) fails...
and on to (6) you can read 2-6 it in the manual but it doesn't matter in this case....moving on to:
(c) a license may be suspended under this section:
(1) for 30 days, if the person's license is subject to suspension for a reason listed in subsection (a)(3),(4), or (5)
(2) for 90 days....
(3) FOR NOT LESS THAN ONE YEAR AND NOT MORE THAN THREE YEARS IF THE PERSON'S LICENSE IS SUBJECT O SUSPENSION FOR A REASON LISTED IN SUBSECTION (a), OTHER THAN THE REASON LISTED IN SUBSECTION (a)(1) (which is listed above), AND THE PERSON'S LICENSE HAS BEEN PREVIOUSLY SUSPENDED FOR THE SAME REASON;
(4) UNTIL DISMISSAL OF THE CHARGES IF THE PERSON'S LICENSE IS SUBJECT TO SUSPENSION FOR THE REASON LISTED IN SUBSECTION (a)(1), ;OR...
What does "OTHER THAN THE REASON LISTED IN SUBSECTION (a)(1)"
Any guesses as to what will happen if I get the B conviction? Suspension for 1-3 years? or Revocation? Is it that you must wait 5 years TO APPLY FOR THE LICENSE if you have a prior conviction. And that it is different if you are convicted while you have your license...resulting to a suspension? And who decides the length of the suspension?
It is mind bending!!!!!!
Revocation or Suspension???
Moderators: carlson1, Charles L. Cotton
Re: Revocation or Suspension???
Easy there, big fella! Let's try to help you figure this out here.
Your license is SUSPENDED when you are arrested and charged with a Class A or B misdemeanor, felony, or disorderly conduct. It's like a timeout until they find out if you are, indeed, guilty as charged.
If you are CONVICTED of the charge, then your license will be revoked. If you are NOT convicted, your suspension ends, and you go on about your merry way.
Clear?
Your license is SUSPENDED when you are arrested and charged with a Class A or B misdemeanor, felony, or disorderly conduct. It's like a timeout until they find out if you are, indeed, guilty as charged.
If you are CONVICTED of the charge, then your license will be revoked. If you are NOT convicted, your suspension ends, and you go on about your merry way.
Clear?