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Open container

Posted: Wed May 11, 2005 2:15 pm
by cola8d8
In TX, what class is an "open container" ticket and how can it affect the status of a CHL?

Posted: Wed May 11, 2005 2:27 pm
by dolanp
It's a Class C misdemeanor, which I don't believe is enough to suspend or deny a license, though alcohol-related convictions could give them reason enough to say you are 'chemically-dependent' or something like that.

Posted: Wed May 11, 2005 4:40 pm
by txinvestigator
The DPS CHL Instructor course states that one eligibility requirement is "You must not be a chemically dependant person. A person who has two convictions within the ten year period preceding the date of application for offenses (Class B or greater) involving the use of alcohol or a controlled substance is ineligible as a chemiclly dependant person. Other evidence of chemical dependancy may also make an individual ineligible for a CHL."

Posted: Wed May 11, 2005 9:00 pm
by Chris
dolanp wrote:It's a Class C misdemeanor, which I don't believe is enough to suspend or deny a license, though alcohol-related convictions could give them reason enough to say you are 'chemically-dependent' or something like that.
it's one of only two offenses in Texas that you must be given a promise to appear.

Posted: Thu May 12, 2005 10:41 am
by Baytown
Anybody (except Chris) know what the other is?

Glenn

Posted: Thu May 12, 2005 11:15 am
by Jacob Staff
What does " given a promise to appear" mean? Does the officer promise to appear or does the offender promise to appear?

Posted: Thu May 12, 2005 1:23 pm
by RatMan
Jacob Staff wrote:What does " given a promise to appear" mean? Does the officer promise to appear or does the offender promise to appear?
If you have ever received a citation and had to sign it, that's the "Promise to Appear"...

So, if you are stopped and given a citation for speeding and also had to sign it then failed to show up at the court, they can issue two warrants for your arrest. One for the speeding citation, the other for "Failure to Appear"...

Posted: Thu May 12, 2005 1:25 pm
by RatMan
Baytown wrote:Anybody (except Chris) know what the other is?
Isn't it either no DL, or no proof of financial responsibility?

Posted: Thu May 12, 2005 1:31 pm
by Baytown
I have taken many a person to jail for no dl and no insurance.

Hint: It is a moving violation.

glenn

Posted: Thu May 12, 2005 1:38 pm
by RatMan
Baytown wrote:I have taken many a person to jail for no dl and no insurance.

Hint: It is a moving violation.

Speeding?

Posted: Thu May 12, 2005 3:29 pm
by Baytown
RatMan is the winner! Now if you refuse to sign the speeding ticket (not promissing to appear) you can go to jail.

Glenn

Posted: Thu May 12, 2005 3:34 pm
by RatMan
Baytown wrote:RatMan is the winner! Now if you refuse to sign the speeding ticket (not promissing to appear) you can go to jail.
Cool! I'll PM you my shipping address so you can ship me that new Wilson Combat 1911.... :lol: