Home Forums Hunting & Shooting Hunter's Campfire Soldier faces trial over CHL in a Hospitial in Texas

That's incorrect. Tests for alcohol and drugs are only conducted for drivng offenses.

if only conducted for driving offenses, then its pretty hard to prove, other than officers word which is sometimes unfortunately, weighted.

I think there may be a page missing somewhere in this report. Not sayin the soldier is wrong,but somethings not right...

Witnesses are usually pretty easy to find, epecially in hospitals.

He drove there didn't he. Seems to me if the officer smelled alcohol at the time and the soldier had just driven to the hospital he would have tested.

To come up with the drunk charge weeks later makes me question the validity.

If we knew why the cops had to respond to his house prior to her overdosing, it would be a little easier to comment.

I didn't witness it. Did the police there?

That's why they added that charge this week it seems.
No legal sign at all doors, proper size, and the mandated language on the sign makes it legal to carry into a building. If the hospital asked him to leave, he must leave.

I'm thinking the cop came to his house when the call went out for an ambulance, saw a weapon and told the guy not to bring it to the hospital. Guy brings it anyway.
Cop makes the arrest on a weapon charge, DA went ahead with charges. DA knew he wouldn't win the case, so they added the drinking charge to help get a win in court.

What did we learn, stay away from all hospitals. Hurting a little, tough it out.
If your dead or in a coma, sure go to the hospital. Not before

I know of cases where someone was successfully charged with a DUI when no one actually saw them drive. He was home, he then was at the hospital. If his car was in the lot and he could not provide another driver then in my state he could have gotten a DWI.

Article states ambulance ride. I'm not LEO, but if an ambulance is called I'll bet Leo will be on site also in certain areas of this great State.

Maybe so, but like it or not, it's not unusual to file a lessor (or greater) charge when circumstances warrant. Don't let the "halo effect" get in the way of good judgement. We like our military, and we like our guns, but that doesn't this guys is innocent.

Texas PC 46.035 section (b)(4) does state that it is against the law for a CHL holder to carry a gun:
"on the premises of a hospital licensed under Chapter 241, Health and Safety Code, or on the premises of a nursing home licensed under Chapter 242, Health and Safety Code, unless the license holder has written authorization of the hospital or nursing home administration, as appropriate;"

However, subsection (i) states that:

(i) Subsections (b)(4), (b)(5), (b)(6), and (c) do not apply if the actor was not given effective notice under Section 30.06.

So, if he was correct and the entrance to the hospital wasn't posted, then he was fully within his rights to to be carrying his handgun.

As to the alcohol, you cannot carry while legally intoxicated, period. But, you cannot determine that someone is legally intoxicated simply by smelling their breath. No breathalyzer, no blood test, no way for them to tell now if he was indeed legally intoxicated at the time.

I know there's two sides to every story/situation, but if all of the above are correct, then they have no case against him.

True Pat, but I had to severely step on guys that worked for me because they had shaky charges to begin with and wanted to embellish the plate by filing additional charges. The SMARM of an ADA who supported their crap said that he could offer the plea bargain in court. The ADA is NOT in the chain of command,I was so I stomped the additional. If ya have a case, ya have a case. If ya have supporting evidence add it in immediately and have doc proof. I would never have let the additional charges fly if I was that idiots' Sergeant. NEVER listen to an ADA as they are NOT subject to lawsuits. Held harmless dontcha know.

Intoxication is determined by an individuals actions. Blood tests are not given to determine intoxication except in driving offenses.

They just wanted his TRP. I have one. Nice gun. Can't blame them for wanting it, but they should have just bought one of their own.

Hey Captain Pat (I think that's correct now)your correct. I'll bet many things have happened over the years in that area with all the returning soldiers. I'm sure it's hard to get back behind the civilized wall and act that way after a tour.

I couldn't agree more, but haven't reviewed the reports, witness statements etc.

They can request the ER resident to draw a BAC. Not a legal ETOH, it would still be evidence...

I Sure hope so and I have a good feeling about it. Of course I also wouldn't be a bit surprised if they kept recounting until the Republican lost....flashbacks.

I don't have a TV and seldom listen to the radio but I did have it on yesterday. I was surprised how dirty the D'd have made this race.