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Old 01-02-2012, 08:58 PM   #43
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I know its tough in this type of situation to just leave, maybe not at first but as it went down hill and they more violent. but its the best answer. Its not worth getting hurt or someone killed over this. Next time report the incident and license plate. Turn the damage into you insurance.
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Old 01-02-2012, 10:01 PM   #44
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Old 01-03-2012, 10:17 AM   #45
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I can't believe all the BAD in information in this thread about Conceal Carry in Texas.

Although I have personal stance in that I do not carry and drink...period...That is not what the law says. In PC 46.035 in clearly says that one cannot carry while intoxicated. While there can be arguments on what intoxicated means...it definitely does not suggest a zero tolerance.

Also, nowhere in the code does it say that a night club is off limits. What the codes says is that a CHL holder cannot carry in a place designated by the TABC to be 50%. That is 50% or more of the establishments revenue come from on premises consumption of alcoholic beverages. I would assume that most "clubs" do fall within this category but not necessarily all. And now there is a defense to prosecution if the establishment is not properly posted with a 50% sign.

In Texas there is NO DUTY TO RETREAT if you are in a place you are legally allowed to be and are justified to use deadly force.

I have not been able to find anything that says you cannot defend yourself if you have been drinking. One post said only in your home if one has been drinking...I believe I would be justified in other situations outside the home even if I had been drinking. For example, say I had been drinking and while on the way home, with my wife driving and stopped at a light, a car jacker attempts to pull my wife out of the car. She of course has a handgun in the center console, under the MPA, I react out of "necessity" and use the handgun to protect my wife. I believe that "necessity" would make the situation justified...regardless of my having had a few drinks. Does drinking make it harder to defend in court...I would imagine so. Does drinking absolutely make it illegal to use a handgun in self defense...absolutely not.
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Old 01-03-2012, 12:11 PM   #46
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Going back to the original post, I'd say it's the same regardless of guns, thugs, etc.


Go talk to a lawyer. With all due respect, cops can tell you incorrect information and saying, "Well an officer told me....." doesn't really get you far in court. I tell my rider friends who get popped doing 20 over (In Cali, an auto reckless driving, w/ 1 year suspension of DL, 5 yr ticket, etc), don't wonder, guess, hope the officer doesn't show. Get a lawyer because if the $#!^ does hit the fan, they're worth their weight in gold. If you need a spotless record to: be an LEO, be a pilot, join the military, whatever... The lawyer is similar to paying insurance. Yes it sucks, but you sure are glad when it's there and needed.

Back to the controversy, certain things you never should do, even if they're legal or not. One is ride a sportbike after having ANYTHING to drink. Another is use a handgun in any way. You're setting yourself up and even if justified, you're making your life in court, trying to justify it, a living hell.
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Old 01-03-2012, 12:28 PM   #47
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I wouldn't chase someone down in a bad area once I had their license plate number. Sounds like a wrong move
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Old 01-03-2012, 12:28 PM   #48
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Originally Posted by JohnnyComeLately View Post
Going back to the original post, I'd say it's the same regardless of guns, thugs, etc.


Go talk to a lawyer. With all due respect, cops can tell you incorrect information and saying, "Well an officer told me....." doesn't really get you far in court. I tell my rider friends who get popped doing 20 over (In Cali, an auto reckless driving, w/ 1 year suspension of DL, 5 yr ticket, etc), don't wonder, guess, hope the officer doesn't show. Get a lawyer because if the $#!^ does hit the fan, they're worth their weight in gold. If you need a spotless record to: be an LEO, be a pilot, join the military, whatever... The lawyer is similar to paying insurance. Yes it sucks, but you sure are glad when it's there and needed.

Back to the controversy, certain things you never should do, even if they're legal or not. One is ride a sportbike after having ANYTHING to drink. Another is use a handgun in any way. You're setting yourself up and even if justified, you're making your life in court, trying to justify it, a living hell.
I'd rather try to justify it in court and be alive....then play it safe and be dead. That being said, I do not advocate drinking and carrying in anyway. But if it does hits the fan and using a handgun is my only option than I would, regardless of having a drink or not...especially if it came to protecting my wife and kids.
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Old 01-03-2012, 11:44 PM   #49
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That is a story that unless I was on scene and could of interviewed both parties is very difficult to give you an opinion, but here is mine....

If you get a decent judge he should dismiss, but the cops were right in the fact that you met the statutory requirements for impersonating a police officer. No matter the level of fear you are in it won't justify identifying yourself as a cop. Funny thing, it probably would have justified you using force to defend yourself...even possibly deadly force if they were in the act of inflicting bodily harm...but still would not warrant you to ID as a cop. My guess is they were not 'gang members'. They were probably sh-- biscuits trying to act 'hard'. If they were really gang bangers and saw you were unarmed and out of uniform saying you were a cop may have actually made it much worse...

Basically in our state (i know it may be different in yours) reads something along the lines of identifying yourself as a police officer towards a civilian and the civilian's actions being altered by your statement or exhibition of badge/lights/siren so on....

Yours is a very weak case...from what it sounds like to me the officer wrote a report, but you were not arrested? If you were not charged you have nothing to worry about....if they refused to give you a crash report for the damage (if any) to your car ask for a supervisor...if the supervisor fails to provide you with one...you will either have to just pay the damages yourself or get a lawyer to press the police department or guy who caused the accident.

...and yes it is a felony. Generally I do not charge people with this offense unless they have blue lights in their vehicle pulling people over or in full apparel....while yours meets the requirements, it is very weak....if you aren't being charged just relax
my bf was a cop in Tampa and agrees w the above. But OP, dont get outta ur car. They couldve had a gun and ur life is not worth ur car. At the end of the dat, its just a car and can b fixed.
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Old 01-04-2012, 07:32 AM   #50
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I don't think any PD goes to any noninjury car damage call anymore. The idea is that you must have been injured for them to come. Phone statements they appear to be drunk, your thumb is injured, they have me in fear of my life, might have a better response from the PD.

You don't have the right to keep or detain anyone. You can state you will be leaving the accident scene. Your right is to observe and report. Use your cell phone camera on them. You kill someone on a non injury collision call........your life will change forever. The pokie might have new meaning about you. Sorry!

You have uninsured insurance for this or collision coverage for the Camaro, it is not worth going to jail for.


Don't bet on it!!! With my dept we go to every accident that is called in public roadway or private property and if even one of the parties wants a report.... one is completed and all injury accidents get a report done regardless of either parties wishes. The only time an accident report is not done is when there is no damage to either vehicle. We have them exchange information and log their contact info.
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