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CCW and DUI in Louisiana
Posted on 12/18/13 at 7:47 pm
Posted on 12/18/13 at 7:47 pm
Does anyone have a CCW permit w/ a DUI w/in the last 5 years? I have a DUI arrest in 2008, but the trial wasn't until 2009. I have taken the proper classes but just saw this on the State police website:
Not chronically and habitually use alcoholic beverages to the extent that his normal
faculties are impaired. It shall be presumed that an applicant or permittee chronically and
habitually uses alcoholic beverages to the extent that his normal faculties are impaired if the
applicant has been found guilty of, or entered a plea of guilty or nolo contendere to operating a
vehicle while intoxicated, or has been admitted, either voluntarily or involuntarily, for treatment
as an alcoholic, within the five-year period immediately preceding the date on which the
application is submitted, or at any time after the application has been submitted.
Not chronically and habitually use alcoholic beverages to the extent that his normal
faculties are impaired. It shall be presumed that an applicant or permittee chronically and
habitually uses alcoholic beverages to the extent that his normal faculties are impaired if the
applicant has been found guilty of, or entered a plea of guilty or nolo contendere to operating a
vehicle while intoxicated, or has been admitted, either voluntarily or involuntarily, for treatment
as an alcoholic, within the five-year period immediately preceding the date on which the
application is submitted, or at any time after the application has been submitted.
7
Posted on 12/18/13 at 7:49 pm to cmaggi2
I wouldn't think a DUI would be an issue. I could be wrong though.
Posted on 12/18/13 at 7:50 pm to KingRanch
I hope not, but this language doesn't seem debatable...if the
applicant has been found guilty of, or entered a plea of guilty or nolo contendere to operating a
vehicle while intoxicated, or has been admitted, either voluntarily or involuntarily, for treatment
as an alcoholic, within the five-year period
applicant has been found guilty of, or entered a plea of guilty or nolo contendere to operating a
vehicle while intoxicated, or has been admitted, either voluntarily or involuntarily, for treatment
as an alcoholic, within the five-year period
Posted on 12/18/13 at 7:57 pm to cmaggi2
IIRC, I have two on my record within 5 years. They both got dropped and I never had to go to court though. It still shows the arrests, and I am probably gonna have to provide the minutes of each to LSP as per the lady at the desk.
She said it shouldn't be a problem though
She said it shouldn't be a problem though
Posted on 12/18/13 at 7:59 pm to cmaggi2
Did you plead 894 and then follow up with getting it expunged? Not sure that it resolves the problem, just curious.
Posted on 12/18/13 at 8:06 pm to OldHickory
Nope, terrible experience...Arrested in MS 7/2008, lawyer tells me to plead guilty in 2009, filed for appeal, lawyer wants more money and I still haven't saved up enough to pay him for the appeal. So...it looks like I plead guilty in 2009.
Posted on 12/18/13 at 8:19 pm to cmaggi2
Why would you appeal something you plead guilty to? That's asinine.
Posted on 12/18/13 at 8:19 pm to cmaggi2
damn that sucks.
Posted on 12/18/13 at 8:52 pm to Hammertime
quote:
I am probably gonna have to provide the minutes of each to LSP as per the lady at the desk.
She said it shouldn't be a problem though
This is the correct answer -- call LSP (225-925-GUNS). They will tell you how the rules//laws will be applied.
Posted on 12/18/13 at 9:00 pm to cmaggi2
Can't you lose your gun rights if you're a CC permit holder and are carrying at time of DUI?
Posted on 12/18/13 at 9:07 pm to Hammertime
I totally agree. I followed the advice of my lawyer, and now speaking to anyone in the legal field they also think the logic is asinine.
Momma's boy-yes, you can lose your ccw after a dui, but I do not currently have a ccw.
Momma's boy-yes, you can lose your ccw after a dui, but I do not currently have a ccw.
Posted on 12/18/13 at 9:08 pm to cmaggi2
Convict board
Posted on 12/18/13 at 9:15 pm to cmaggi2
Pleading guilty is a conviction. DWI arrest is one thing. Conviction is another. Also, of you pled guilty then you also give up your right to appeal. At least that's what I thought was the case in La
Posted on 12/18/13 at 9:26 pm to FelicianaTigerfan
Thanks for the input. I will call the number posted above and report back tomorrow. Lawyer said to plead guilty to reckless driving and dui, appeal and I should only be charged with reckless. I was duped but am already effed.
Posted on 12/18/13 at 9:42 pm to cmaggi2
Your lawyer screwed you. Sorry.
Posted on 12/20/13 at 8:41 pm to cmaggi2
Called LSP and I need to wait 5 years from conviction to apply for CCW. My concealed carry class will still be valid (have 1 year to apply), so that's the only good news.
Posted on 12/20/13 at 8:47 pm to cmaggi2
They didn't tell me anything like that
Posted on 12/20/13 at 8:52 pm to Hammertime
Really? Did you apply for a license w/in 5 years of a DUI and received a license? I don't wanna waste the $125 if I can just wait until next July.
Posted on 12/20/13 at 9:33 pm to cmaggi2
Yeah. You're gtg
Posted on 12/20/13 at 9:38 pm to POONHOUND
That's interesting...How long ago did you apply for a license?
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