"Non-Moving" Traffic Violation results in arrest. Denial?

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joe817
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"Non-Moving" Traffic Violation results in arrest. Denial?

Post by joe817 »

As my CHL class is coming up this Saturday, last night I remembered an incident that I'm not proud of...a dumb mistake of forgetfulness and/or procrastination. Can this result in a denial of my application?........

On Friday 05/14/2004 I was on my way to work out at DFW airport. On city streets I stopped at a stop light. A local Euless city PD pulled me over, and issued me a citation. Actually 3 citations on 1 'ticket'.
1. Expired Registration
2. Expired Inspection Sticker
3. Equipment(defective brake lamp)...the brake light burned out.

I went to work and....honestly, forgot about it, as my focus was on my job(extremely stressful in dealing with very time sensitive international export transactions).

Forgotting totally about the incident, the citations went to warrant. And no action taken on my part, until....

Fast forward to August 7, 2006: local PD in Arlington pulls me over for no apparent reason.....random check. Ran my lic.# and up pops the 3 warrants. I'm transported to city jail, photographed, fingerprinted and "booked". Stayed there until I posted bail. I went before a municipal court judge in November, 2006. In lieu of the heafty fine of $1,263.60(yes that's the correct amount of the total of all 3 fines...for those infractions), the judge granted me community service work instead, as that was an amount of money I simply could not afford. I started my community service work that same week....oddly enough with the North Central Council of Governments, in the Vehicle Theft Awareness section, and then with the Regional Police Academy. I loved the work. It was fascinating.

I worked off the community service hours by February, 2007. Went back to municipal court in Euless, turned in my paperwork(to prove the hours worked). I was given a document stating I had fulfilled my obligations(time served I guess). But for the life of me, I can't find it. I have the original citation, but not the final document the clerk gave me. Grrrr.

Sorry this is taking so long, but I wanted to detail the chain of events. My questions are:
1.) Is what happened to me sufficient grounds for a denial of my CHL?
2.) What documentation, if any, should I be getting together to send in with my packet? And which agencies should I contact?
3.) As I applied online, one of the forms(State of Texas Application for a License to Carry a Concealed Handgun), has a place to list criminal history. Is this something I should fill out? This is the most serious thing that's ever happened to me, and I do not know the justice system well enough to know how to proceed.

Any thoughts or recommendations are greatly appreciated, and thanks in advance.
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seamusTX
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Re: "Non-Moving" Traffic Violation results in arrest. Denial?

Post by seamusTX »

I think these offenses are all class C misdemeanors. I say "think" because it's difficult to tell with the Transportation Code. Class C misdemeanors (other than disorderly conduct) do not disqualify you from getting a CHL regardless of when they occurred.

You must put the arrest on your CHL application and provide a disposition of the case. You can get that from the clerk of the court in the county where your case was heard. The more populous counties have an entire office for this function.

As usual, I am not a lawyer, you get what you pay for, etc. ;-)

- Jim
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joe817
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Re: "Non-Moving" Traffic Violation results in arrest. Denial?

Post by joe817 »

Thanks Jim for your comments. I'll do just that. In fact I'll be going today, to the local PD in Arlington to see if they have anything.
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seamusTX
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Re: "Non-Moving" Traffic Violation results in arrest. Denial?

Post by seamusTX »

The police department will have only your arrest record. You need to get the disposition from the court.

- Jim
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Re: "Non-Moving" Traffic Violation results in arrest. Denial?

Post by joe817 »

I've spent the past 3 hours trying to find my "disposition" with no luck what so ever. I feel like I'm getting the run around because I'm not asking the proper questions.
The city of Euless(original traffic tickets) records dept. said go to Arlington, as they were the one's who arrested me. Arlington records tells me the only thing they can do is run a background check(5 business days), and suggest I go to the county clerk's office. I went to the sub-station county clerk's office(in Arl)...the only thing they do is birth,marriage,death certs, and assumed names filings. I call the main county clerks office and get passed around to criminal records, probation/community supervision records, and no one....no one can tell me where to go to get what I need EXCEPT back to Euless and talk to them....which I've already done. All I'm trying to do is to find out where in the county clerk's office to go to get what I need to get. Any ideas....anyone??

(I feel like a ping-pong ball running around in circles while barking up the wrong tree.) Gaaaaaa
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seamusTX
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Re: "Non-Moving" Traffic Violation results in arrest. Denial?

Post by seamusTX »

I think these are the people that you need to talk to, the Tarrant County District Clerk: http://www.tarrantcounty.com/eDistrictC ... efault.asp" onclick="window.open(this.href);return false;

That's different from the County Clerk. The County Clerk handles civil matters like real-estate records and marriage licenses.

If your case was heard in a municipal court in Euless, the records are probably still there, decomposing in a storage unit somewhere. Nobody cares much about dismissed traffic tickets.

Here's the City of Euless court link, if you didn't find it already: http://www.euless.org/courts/" onclick="window.open(this.href);return false;

If you can't get something from Euless, you can get a letter from the District Clerk saying that they have no record of a conviction between two dates. DPS will accept that.

I don't understand the court system in Texas. There are so many layers of it with overlapping jurisdictions. Maybe someone who lives in your area has gone through this.

- Jim
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Re: "Non-Moving" Traffic Violation results in arrest. Denial?

Post by joe817 »

Thanks so much Jim. Sorry to put you through this much trouble.
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seamusTX
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Re: "Non-Moving" Traffic Violation results in arrest. Denial?

Post by seamusTX »

I wouldn't do it if it were that much trouble. ;-)

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Re: "Non-Moving" Traffic Violation results in arrest. Denial?

Post by joe817 »

Yes! I have found out exactly who I need to talk to and what to do! (sorry to resurrect an old thread, but perhaps if I pass this along, others may not have to go through what I did).

We use the term "disposition" or "settlement" when we need to go to the court house, or wherever to get certified copies made. On the CHL application page 3, it has places for 'criminal history', and it defines what we call "disposition" certified copies of Judgment and Sentence.

When I went to Euless Municipal court, I asked for disposition and they looked at me like I was from another planet. It was because they weren't familiar with that term, but sure recognized the term 'certified copies of Judgment and Sentence'.

So I'm off to get that done tomorrow and mail the packet if they can have it ready for me.

Thanks for everybody's help in this most frustrating set of events.
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Re: "Non-Moving" Traffic Violation results in arrest. Denial?

Post by Abraham »

Vehicle inspection/lic plate renewal are two things I've never forgotten when due, but've come close.

These are the kinds of things so easily postponed and then forgotten that I now immediately handle when first due - once taken care forgetting is no longer an option.

I find this works well for me as my memory isn't as, ...what are we talking about...?
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Re: "Non-Moving" Traffic Violation results in arrest. Denial?

Post by jmdevera »

I was arrested in Friendswood for a non moving violation and I had the same problems. Although I was never in front of a judge. They just had my wife come and pay the fines and released me. The only record I managed to get was a full record of the offenses and the records gal signed it with an explanation and notarized it.

Does anyone think this will work?

-Justin
01/09/2010 - CHL class taken
02/10/2010 - Plastic Received

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joe817
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Re: "Non-Moving" Traffic Violation results in arrest. Denial?

Post by joe817 »

Justin, if it's a certified copy of the record by the court clerk, then I'd say that's sufficient. :thumbs2:

You did explain it in the criminal history section of the application packet sent to DPS, and sent them the original copy, didn't you?
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jmdevera
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Re: "Non-Moving" Traffic Violation results in arrest. Denial?

Post by jmdevera »

Yes yes I sure did.

and as far as certified? It was from their computers and it was signed with notation from them...I wasn't charged with anything either.

-Justin
01/09/2010 - CHL class taken
02/10/2010 - Plastic Received

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joe817
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Re: "Non-Moving" Traffic Violation results in arrest. Denial?

Post by joe817 »

jmdevera wrote:Yes yes I sure did.

and as far as certified? It was from their computers and it was signed with notation from them...I wasn't charged with anything either. -Justin
Then :thumbs2: :thumbs2: Sounds like you're good to go!
Diplomacy is the Art of Letting Someone Have Your Way
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jmdevera
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Re: "Non-Moving" Traffic Violation results in arrest. Denial?

Post by jmdevera »

i find myself stressing like crazy over this time period and i just mailed mine off this week! I keep checking and double checking everything in my head.
01/09/2010 - CHL class taken
02/10/2010 - Plastic Received

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