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  • Renegade

    SuperOwner
    Rating - 100%
    1   0   0
    Mar 5, 2008
    11,749
    96
    Texas
    Let's just show the entire chapter,

    Sec. 46.02. UNLAWFUL CARRYING WEAPONS. (a) A person commits an offense if the person:
    (1) intentionally, knowingly, or recklessly carries on or about his or her person a handgun; and

    ...

    (a-1) A person commits an offense if the person intentionally, knowingly, or recklessly carries on or about his or her person a handgun in a motor vehicle or watercraft that is owned by the person or under the person's control at any time in which:

    You mean section but OK.

    In both a, and a-1, if you cannot show it was "intentionally, knowingly, or recklessly carries on or about his or her person a handgun", the rest does not matter.
    Hurley's Gold
     

    Sam7sf

    TGT Addict
    Lifetime Member
    Rating - 100%
    10   0   0
    Apr 13, 2018
    12,466
    96
    Texas
    What? I don't understand you at all.
    If a driver was by himself and no child was inside, in Texas as far as I can read, a driver can have a handgun wherever they want in a rig. You have posted about it possibly being important that the damn gun is in the car floating around. Doesn’t matter. Texas seems to suggest mind your own business once a handgun is in someone’s home and automobile. Rightfully so.
     

    5231HG

    New Member
    Rating - 0%
    0   0   0
    Aug 12, 2020
    35
    11
    East Texas
    If a driver was by himself and no child was inside, in Texas as far as I can read, a driver can have a handgun wherever they want in a rig. You have posted about it possibly being important that the damn gun is in the car floating around. Doesn’t matter. Texas seems to say f-you mind your own business once it’s in your home and automobile. Rightfully so.

    I agree. It's nobody's business if you're not breaking the law. OP was talking about the guy being suspected of driving drunk.
     

    toddnjoyce

    TGT Addict
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    4   0   0
    Sep 27, 2017
    19,285
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    Boerne
    I’m curious if your buddy refused an FST, gave consent, or a search warrant was obtained. Also curious if it was a trooper, deputy, or local that conducted the investigation.

    Accident with injury is going to trigger an investigation, whether it’s solo or another vehicle involved.

    The only odd part is a draw without arrest, but consent can get that for you. Just enough PC for the warrant, but not enough for the arrest.

    Fatigue, medication, medical conditions (diabetic shock, transient ischemia, etc.) or illicit substances can present as intoxication to the investigator.
     

    innominate

    Asian Cajun
    Lifetime Member
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    3   0   0
    Jan 3, 2010
    2,047
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    Austin
    I’m curious if your buddy refused an FST, gave consent, or a search warrant was obtained. Also curious if it was a trooper, deputy, or local that conducted the investigation.

    Accident with injury is going to trigger an investigation, whether it’s solo or another vehicle involved.

    The only odd part is a draw without arrest, but consent can get that for you. Just enough PC for the warrant, but not enough for the arrest.

    Fatigue, medication, medical conditions (diabetic shock, transient ischemia, etc.) or illicit substances can present as intoxication to the investigator.
    Refused FST and blood. Was told we'll get a warrant. Officer, I'm not sure which agency, came back and said we have a warrant. Blood was drawn.
     

    toddnjoyce

    TGT Addict
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    4   0   0
    Sep 27, 2017
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    Refused FST and blood. Was told we'll get a warrant. Officer, I'm not sure which agency, came back and said we have a warrant. Blood was drawn.

    That makes sense to me. Pretty much every day is a no refusal day. If you don’t do the FST and don’t consent the warrant is going to come, arrest or not.
     

    Renegade

    SuperOwner
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    1   0   0
    Mar 5, 2008
    11,749
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    Texas
    That makes sense to me. Pretty much every day is a no refusal day. If you don’t do the FST and don’t consent the warrant is going to come, arrest or not.

    A warrant still requires PC. FST is the usual route to PC. So without FST, PC is a harder to establish. Since it seems the Officer did not see him driving erratically (but showed up after accident?), there is little to no PC. Would love to see the warrant justifying PC.
     

    Texasjack

    TGT Addict
    Rating - 50%
    1   1   0
    Jan 3, 2010
    5,867
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    Occupied Texas
    All this discussion highlights the following:
    1. No alcohol if you carry. Ever. They told you that in LTC class. They meant it.
    2. Texas law is vague about certain things, and it's by design. They don't want people to figure out the law and use that to circumvent the intent. "On or about" becomes a judgement call that might be different depending on circumstances.
    3. If you get in trouble with the law, you need an attorney. ASAP. Nobody in the jail, the prosecutors office, or the courthouse is looking out for you. Asking people on TGT is not a good substitute for having a lawyer. (I'd love to be on a jury where the defendant says, "I asked the internet if it was ok." So entertaining!)
    3. (b) If the cops arrest you, it goes without saying any further that you should shut up. STFU. The only words out of your mouth should be, "I want a lawyer" or "I want an attorney" or "I want counsel."
     

    Axxe55

    Retiretgtshit stirrer
    Rating - 0%
    0   0   0
    Dec 15, 2019
    47,022
    96
    Lost in East Texas Elhart Texas
    In Texas, according to Texas Motor Vehicle Codes, acceptance of a DL, is "implied consent", but consent still has to be obtained, because of the 4th Amendment Rights to illegal search's and seizures.

    Refusal, under "implied consent" merely resorts to an automatic suspension of your DL for 180 days. Officer also has to then obtain a warrant for a specimen, but will have to prove to the judge there is probably cause. One vehicle accident, late at night and the driver is injured and the officer thinks he smelled alcohol would probably be enough PC for a judge to sign a warrant to obtain a specimen.

    Getting an attorney is paramount if you plan on staying out of jail on a DWI arrest.
     
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