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Carry while on motorcycle no chl

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  • Mreed911

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    Apr 18, 2013
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    Stopping to get fuel, I think is part of traveling......

    Which goes to the oft-repeated mantra about rap vs ride. If it's up for debate, or if it's something you have to prove as a defense, you're "more eligible" for arrest and the prosecutor, court and/or jury will figure it out. Of course in lieu of arrest, a report could be forwarded to the prosecutor as well if there are discretionary concerns, but IME that's much more rare than a simple field arrest, initial arraignment and later declined prosecution.

    If traveling is construed as an act and if pumping gas, getting a drink and going to the bathroom are in furtherance of traveling as an act, as a juror I'd find you to be traveling. :)

    As TXI notes, case law plays a significant role here since the actual, codified law is still unfortunately vague.

    No chance of getting your CHL from Texas or another state?
    Texas SOT
     

    dreyes89

    Active Member
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    Jun 8, 2012
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    Pasadena
    Which goes to the oft-repeated mantra about rap vs ride. If it's up for debate, or if it's something you have to prove as a defense, you're "more eligible" for arrest and the prosecutor, court and/or jury will figure it out. Of course in lieu of arrest, a report could be forwarded to the prosecutor as well if there are discretionary concerns, but IME that's much more rare than a simple field arrest, initial arraignment and later declined prosecution.

    If traveling is construed as an act and if pumping gas, getting a drink and going to the bathroom are in furtherance of traveling as an act, as a juror I'd find you to be traveling. :)

    As TXI notes, case law plays a significant role here since the actual, codified law is still unfortunately vague.

    No chance of getting your CHL from Texas or another state?

    If your asking me, yes I am in the process of it.
     
    Every Day Man
    Tyrant

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