Schugg
12-23-2009, 04:40 PM
im in texas now, but back in 07 i got arrested for driving on a suspended license in georgia. thinking nothing of it, i applied for a concealed handgun license here in texas and didnt list it on my application. later i got a letter requesting info about the arrest, so i got them what they wanted and sent it. while i was waiting i looked up while they would want info on it, and seen it was a misdemeanor. but everything i can find states that it is a CLASS C misdemeanor on the first offense, but i recently got my application results back from TXDPS saying i was denied due to having a CLASS A misdemeanor, along with the fact of not stating material facts about it when i first applied.
so im trying to see if anyone knows for a fact and can tell me where to look that would state what class misdemeanor this is for either georgia or texas, or better both.
i found this, which i believe is for texas, in the bold its saying that its a CLASS A misdemeanor, IF i have been previously convicted of the charge, which im taking that as i got caught once driving on no license, then got caught again, then it would be a CLASS A. i got caught once and that was it, havent got a ticket since. not sure if im reading it right or not. but just trying to get my info straight before i decide if i want to waste more time appealing this rejecting and going to court. so any help would be appreciated!
§ 521.457. DRIVING WHILE LICENSE INVALID. (a) A person
commits an offense if the person operates a motor vehicle on a
highway:
(1) after the person's driver's license has been
canceled under this chapter if the person does not have a license
that was subsequently issued under this chapter;
(2) during a period that the person's driver's license
or privilege is suspended or revoked under any law of this state;
(3) while the person's driver's license is expired if
the license expired during a period of suspension; or
(4) after renewal of the person's driver's license has
been denied under any law of this state, if the person does not have
a driver's license subsequently issued under this chapter.
(b) A person commits an offense if the person is the subject
of an order issued under any law of this state that prohibits the
person from obtaining a driver's license and the person operates a
motor vehicle on a highway.
(c) It is not a defense to prosecution under this section
that the person did not receive actual notice of a suspension
imposed as a result of a conviction for an offense under Section
521.341.
(d) Except as provided by Subsection (c), it is an
affirmative defense to prosecution of an offense, other than an
offense under Section 521.341, that the person did not receive
actual notice of a cancellation, suspension, revocation, or
prohibition order relating to the person's license. For purposes
of this section, actual notice is presumed if the notice was mailed
in accordance with law.
(e) Except as provided by Subsection (f), an offense under
this section is a misdemeanor punishable by:
(1) a fine of not less than $100 or more than $500; and
(2) confinement in county jail for a term of not less
than 72 hours or more than six months.
(f) If it is shown on the trial of an offense under this
section that the person has previously been convicted of an offense
under this section or an offense under Section 601.371(a), as that
law existed before September 1, 2003, the offense is a Class A
misdemeanor.
(g) For purposes of this section, a conviction for an
offense that involves operation of a motor vehicle after August 31,
1987, is a final conviction, regardless of whether the sentence for
the conviction is probated.
Acts 1995, 74th Leg., ch. 165, § 1, eff. Sept. 1, 1995. Amended
by Acts 1997, 75th Leg., ch. 165, § 30.98(a), eff. Sept. 1, 1997;
Acts 1999, 76th Leg., ch. 1207, § 6, eff. Sept. 1, 1999; Acts
2003, 78th Leg., ch. 855, § 1, eff. Sept. 1, 2003.
so im trying to see if anyone knows for a fact and can tell me where to look that would state what class misdemeanor this is for either georgia or texas, or better both.
i found this, which i believe is for texas, in the bold its saying that its a CLASS A misdemeanor, IF i have been previously convicted of the charge, which im taking that as i got caught once driving on no license, then got caught again, then it would be a CLASS A. i got caught once and that was it, havent got a ticket since. not sure if im reading it right or not. but just trying to get my info straight before i decide if i want to waste more time appealing this rejecting and going to court. so any help would be appreciated!
§ 521.457. DRIVING WHILE LICENSE INVALID. (a) A person
commits an offense if the person operates a motor vehicle on a
highway:
(1) after the person's driver's license has been
canceled under this chapter if the person does not have a license
that was subsequently issued under this chapter;
(2) during a period that the person's driver's license
or privilege is suspended or revoked under any law of this state;
(3) while the person's driver's license is expired if
the license expired during a period of suspension; or
(4) after renewal of the person's driver's license has
been denied under any law of this state, if the person does not have
a driver's license subsequently issued under this chapter.
(b) A person commits an offense if the person is the subject
of an order issued under any law of this state that prohibits the
person from obtaining a driver's license and the person operates a
motor vehicle on a highway.
(c) It is not a defense to prosecution under this section
that the person did not receive actual notice of a suspension
imposed as a result of a conviction for an offense under Section
521.341.
(d) Except as provided by Subsection (c), it is an
affirmative defense to prosecution of an offense, other than an
offense under Section 521.341, that the person did not receive
actual notice of a cancellation, suspension, revocation, or
prohibition order relating to the person's license. For purposes
of this section, actual notice is presumed if the notice was mailed
in accordance with law.
(e) Except as provided by Subsection (f), an offense under
this section is a misdemeanor punishable by:
(1) a fine of not less than $100 or more than $500; and
(2) confinement in county jail for a term of not less
than 72 hours or more than six months.
(f) If it is shown on the trial of an offense under this
section that the person has previously been convicted of an offense
under this section or an offense under Section 601.371(a), as that
law existed before September 1, 2003, the offense is a Class A
misdemeanor.
(g) For purposes of this section, a conviction for an
offense that involves operation of a motor vehicle after August 31,
1987, is a final conviction, regardless of whether the sentence for
the conviction is probated.
Acts 1995, 74th Leg., ch. 165, § 1, eff. Sept. 1, 1995. Amended
by Acts 1997, 75th Leg., ch. 165, § 30.98(a), eff. Sept. 1, 1997;
Acts 1999, 76th Leg., ch. 1207, § 6, eff. Sept. 1, 1999; Acts
2003, 78th Leg., ch. 855, § 1, eff. Sept. 1, 2003.