Serious legal question regarding tickets

[raduque]

I was in a car accident a month back, and ended up with a ticket for no driver's license (non moving violation) and I ended up with a "deferred disposition" (which is NOT a deferred adjudication), and if I do not get any more tickets between now and September 22nd the ticket will be dismissed(will not count as a conviction).

I know if you've ever been convicted of a Class A felony, you're not able to purchase firearms.


My question is, will this show up on the NICS check and prevent me from buying a gun till after 9/22?

Thanks

 

[txinvestigator]

Umm, we don't have class A felonies in Texas.

To answer your question, NO.

BTW, "no DL" is not a felony or even a CLass A misdemeanor

 

[raduque]

Thanks txinvestigator. I figured it was simply better to ask (TGT has some of the most knowledgeable people I've found) and spare myself getting denied.

 

[majormadmax]

But it begs the question, why are you driving without a driver's license?

 

[tussery]

But it begs the question, why are you driving without a driver's license?

Not everyone is perfect, and are sometime prone to mistakes like forgetting to pickup your wallet on the way out of the house. I happened to do it today.

 

[raduque]

But it begs the question, why are you driving without a driver's license?

In the past 5 years I've been back home, I've driven maybe 3 times. This third time it just happened that my luck wore out. I don't really like driving around here, as it seems people don't know how to drive. I had a West Virginia license, but I let it expire when I moved back as I was unemployed for many months and used the bus. I moved a couple years ago and don't have a bus stop within a reasonable walking distance.

I realize that sounds like a string of excuses, but make of it what you will; I DO have my license now, and I'm fixing my dad's car, which I had the accident in.

 

[M. Sage]

But it begs the question, why are you driving without a driver's license?

I've gotten to work before I realized my wallet was at home before. Shit happens...

 

[SC-Texas]

People also drive without licenses becasue they have no choice.

 

[robertc1216]

If you had a gun in the car, carrying under the castle law it would be a different story. But as you weren't I don't think NCIS cares too much about moving violations or nonmoving volitions.

 

[txinvestigator]

If you had a gun in the car, carrying under the castle law it would be a different story. But as you weren't I don't think NCIS cares too much about moving violations or nonmoving volitions.

The Castle Doctrine has nothing to do with car carry

 

[Texan2]

There is a difference between not having your DL and not having a DL...

 

[majormadmax]

There is a difference between not having your DL and not having a DL...

Exactly, which is my point. Correct me if I'm wrong, but if an officer can determine you do have a valid DL, do they ticket you for not having it on your person?

Which brings me to anther point, if folks are forgetting their wallets and drivers licenses; do they also conceal carry without their CHLs on their person? Again, I am sure there are ways for officers to ascertain if a person had a valid permit to conceal carry from the state; but why would anyone want the potential issues that can arise by being found carrying without proof of having the authority to do so?

Maybe it's just all my years in the military, but if it's important than it's worth double-checking to ensure you have your license with you when driving, carrying, etc.

People also drive without licenses becasue they have no choice.

I don't get your point, care to elaborate? If a person doesn't have a driver's permit, then they shouldn't be operating a vehicle on public roads. There is no gray area here...

 

[Texan2]

Correct me if I'm wrong, but if an officer can determine you do have a valid DL, do they ticket you for not having it on your person?

They can, it is a different offense, but it is uncommon. If they find out you have a license...you are usually GTG.

 

[robertc1216]

The Castle Doctrine has nothing to do with car carry

I don't know if I miss under stood the law but as it was described to me they basically extended the castle law to include your car. And if say you were driving around with a loaded gun in arms reach while driving without a license or evan speeding, by breaking the law it would constitute unlawful carry.

 

[Mikey]

There is a difference between not having your DL and not having a DL...

Agreed. The first is an oversight that an officer can determine on-site and is no big deal.

The second displays a complete lack of responsibility and is completely unacceptable. There are no valid excuses. I didn't carry a concealed weapon until I had a CHL in my hand, and I wouldn't drive a car without a valid driver's license.

In the past 5 years I've been back home, I've driven maybe 3 times. This third time it just happened that my luck wore out. I don't really like driving around here, as it seems people don't know how to drive. I had a West Virginia license, but I let it expire when I moved back as I was unemployed for many months and used the bus. I moved a couple years ago and don't have a bus stop within a reasonable walking distance.

I realize that sounds like a string of excuses, but make of it what you will; I DO have my license now, and I'm fixing my dad's car, which I had the accident in.

If you aren't responsible enough to get a driver's license before driving a car, you are also not responsible enough to own a gun. Besides, guns are expensive; if you can't afford a DL, you can't afford a gun.

Maybe when you grow up and become a responsible individual you can revisit the gun issue. Until then, you should focus on getting your life together.

You know what is funny, though? The fact that you got in an accident with no driver's license and still think that other people can't drive.

 

[SC-Texas]

I don't get your point, care to elaborate? If a person doesn't have a driver's permit, then they shouldn't be operating a vehicle on public roads. There is no gray area here...

In reality there is. In Houston, you can't get to work without a car. You can't get food for your kids without a car.

The simple reality is that people who lose there license will have to drive to survive.

Its still unlawful but that's the way it is.

 

[Texan2]

I don't know if I miss under stood the law but as it was described to me they basically extended the castle law to include your car. And if say you were driving around with a loaded gun in arms reach while driving without a license or evan speeding, by breaking the law it would constitute unlawful carry.

Traffic offenses dont count in your example. You would have to be committing some other crime besides a traffic offense for it to be unlawful carrying.

 

[majormadmax]

In reality there is. In Houston, you can't get to work without a car. You can't get food for your kids without a car.

The simple reality is that people who lose there license will have to drive to survive.

Its still unlawful but that's the way it is.

And much like those who drive without insurance, I think anyone who is operating a vehicle on public roadways without a license should be arrested and serve jail time. It is a matter of public safety, and if someone needs a license to survive, then they should have one. Most of the time, those who have lost it have done so because they've done something to warrant that, such as driving while intoxicated...

 

[txinvestigator]

The castle doctrine has nothing to do with when you can carry. It made changes to the use of force laws

 

[CanTex]

In reality there is. In Houston, you can't get to work without a car. You can't get food for your kids without a car.

The simple reality is that people who lose there license will have to drive to survive.

Its still unlawful but that's the way it is.

In reality you are wrong. No grey area, Just WRONG. You can walk, bike, take a cab, carpool or adjust your living arrangements to account for not having a car. The simple reality is that if police would arrest the drivers, tow the vehicle and enforce the law the remainder of us who follow the rules would suffer the following. 1, a great decrease in accidents caused by uninsured/licensed drivers = reduction of auto insurance premiums. 2 a decrease of idiot drivers on the road = less traffic. But why bother, because popular opinion is that driving without a license or insurance is a "fact of life"

Growing up we walked approx 3 miles to school, I took a bus to work for the first 2 years after school. Bikes were a form of transportation not an exercise item. It has been 40 years, however I believe people are just as physically capable. But unfortunately seem to be less accountable or morally responsible. Worst yet is that others accept it.

If you accept uninsured/unlicensed drivers as a fact of life and do nothing when you are aware of one, what message does that send to your kids. There is a reason for Drivers Licensing, there is a reason for insurance. If you accept that some are exempt from this what else do you excuse?