Revocation or Suspension???
Posted: Sat May 10, 2008 2:26 am
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!!!!!!
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!!!!!!