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Conviction on driving record
Posted: Fri Oct 03, 2014 4:36 pm
by nyj
Long story short, a few years ago I got a couple of tickets for moving violations and hired an attorney to handle them. He missed the court date, and I received 3 warrants for my arrest (1 for each of the 2 violations, and 1 for missing court). One was dropped, I did deferred on the other, and I guess I never knew that the missed court date went on my record.
As someone applying with the government, this worries me. The specific conviction is stated as "BAIL JUMPING - FAILURE TO APPEAR."
I have gotten my CHL since, I've passed multiple background checks, etc. and have never had a problem -- today was the first time I checked my driving record.
Anyone have any input on this? I'm about to track that attorney down and give him an ear full.
Re: Conviction on driving record
Posted: Fri Oct 03, 2014 4:56 pm
by cb1000rider
It looks to me like it depends on the class of the original charge. Were the original charges punishable by fine only? If so, it's probably Class-C.
Otherwise, It's likely a Class-A misdemeanor and you'd need to put 5 years between it and a CHL application:
"...s (8) has not, in the five years preceding the date of application, been convicted of a Class A or Class B misdemeanor or an offense under Section 42.01, Penal Code; (GC §411.172. ELIGIBILITY). "
Note, the way I read the penal code, you probably could have gotten a pass on this if you hired an attorney, as it's a " reasonable excuse ". Not the first time that I've read about a "traffic citation" attorney that didn't show up.
Re: Conviction on driving record
Posted: Fri Oct 03, 2014 5:20 pm
by nyj
cb1000rider wrote:It looks to me like it depends on the class of the original charge. Were the original charges punishable by fine only? If so, it's probably Class-C.
Otherwise, It's likely a Class-A misdemeanor and you'd need to put 5 years between it and a CHL application:
"...s (8) has not, in the five years preceding the date of application, been convicted of a Class A or Class B misdemeanor or an offense under Section 42.01, Penal Code; (GC §411.172. ELIGIBILITY). "
Note, the way I read the penal code, you probably could have gotten a pass on this if you hired an attorney, as it's a " reasonable excuse ". Not the first time that I've read about a "traffic citation" attorney that didn't show up.
I'm pretty sure I paid a fine on it, since my total amounted to almost $500 between the three.
Thanks for the info.
BTW - I think I've ridden with you many years ago. Black CBR and name starts with an E?
Re: Conviction on driving record
Posted: Fri Oct 03, 2014 5:25 pm
by cb1000rider
Doesn't matter if you paid a fine. What matters is what the range of punishment is...
The CB is very different from the CBR. Name doesn't start with an E. Very very old monicker that I've kept around from memory. I'm an equal-opportunity biker, though.. if it has 2 wheels and a motor, I don't discriminate.
Re: Conviction on driving record
Posted: Fri Oct 03, 2014 5:28 pm
by nyj
I only did deferred on the moving violation that didn't get dropped, and believe I only paid for the 'bail jump.' Any idea who the best person is to call and ask about the charge? Getting a run around with DPS.
Re: Conviction on driving record
Posted: Fri Oct 03, 2014 8:59 pm
by EEllis
Ask what? An FTA on a class C is itself a class C. You got a ticket for missing court on a ticket. No one cares. Additionally you already paid. There is nothing to do now. You had your chance to challenge it but you paid up. Why complain now?
Re: Conviction on driving record
Posted: Fri Oct 03, 2014 9:15 pm
by nyj
EEllis wrote:Ask what? An FTA on a class C is itself a class C. You got a ticket for missing court on a ticket. No one cares. Additionally you already paid. There is nothing to do now. You had your chance to challenge it but you paid up. Why complain now?
Who's complaining? Have a drink and chill out.
Re: Conviction on driving record
Posted: Fri Oct 03, 2014 9:54 pm
by jmra
Re: Conviction on driving record
Posted: Fri Oct 03, 2014 10:45 pm
by EEllis
nyj wrote:EEllis wrote:Ask what? An FTA on a class C is itself a class C. You got a ticket for missing court on a ticket. No one cares. Additionally you already paid. There is nothing to do now. You had your chance to challenge it but you paid up. Why complain now?
Who's complaining? Have a drink and chill out.
I'm about to track that attorney down and give him an ear full.
Yep no one cares here.