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Hello and thank you for contacting us. This is Dwayne B. and I’m an expert here and looking forward to assisting you today.
What do you mean it was "in compliance with Texas state laws"? In what way?
That's not the only way to violate the statute though.
The statute states:
(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:
(1) the handgun is in plain view, unless the person is licensed to carry a handgun under Subchapter H, Chapter 411, Government Code, and the handgun is carried in a shoulder or belt holster;
What that basically means is that a person can't carry a weapon in the car with him unless he has a CCL. If he has the gun in the trunk, it isn't considered about his person.
However, the only way to handle a case is to file a Motion to Dismiss or a Motion to Quash the Information (and Information is what is filed in Texas to bring misdemeanor charges, it's like an indictment but for misdemeanors).
Those are the only way to get a case dismissed before trial. He can also file a Motion to Suppress if there was something wrong with the search.
You can read the entire body of the statute at Sec. 46.02 at http://www.statutes.legis.state.tx.us/Docs/PE/htm/PE.46.htm
The definitions are in the first section at that link.
I'm not sure that the Castle doctrine applies to vehicles in the first place in Texas but it definitely doesn't as to this particular issue since there is a statute on point.
The code has changed repeatedly over the years but the gist of it has always been the same.
Was the person in the car when they were arrested for PI?
I was asking if the person was in the car when they were arrested for PI? If they weren't, then there is a possibility that you could suppress the search of the car.
Any idea as to why they didn't charge him with a DWI? Or was he a passenger?
That makes sense as to why they didn't charge him with a DWI then.
Any idea on why he got the UCW charge and not the driver?
Okay, that answers all of my questions.
If your question has been answered then I'd offer my best wishes to you and ask that you please not forget to leave a Positive Rating so I receive credit for my work. Of course, please feel free to ask any follow up questions in this thread. I want to be sure that all of your questions are answered.
Did you have additional questions? You originally asked what was the best way to request a pre-court dismissal and I explained that, a Motion to Dismiss or a Motion to Quash the Information. If you have any follow up questions I'd be glad to address them.