Pretty sure I got a frivolous ticket because I was carrying...

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The "holier than thou" treatment on here scares me sometimes, even judging folks based on screen names now!:eek: Thats why I keep my posting to a very low minimum.

Aside from that, if flipping the bird is not considered by law disorderly conduct, what the cop did was wrong, end of story. Whether he actually gave you the ticket because you have a chl is up for interpretation, but given his comment about your "temper" and carrying would lead me to believe he felt he needed to go harder on you for your own good.
 
No matter how angry I get on the road, I NEVER flip ANYONE the bird. I had a close call that ended with me getting a black eye, and very easily could have ended with me having a few extra holes in me, or having several broken bones from a serious beating. With some of the crazy people out there, it just isn't worth risking some guy following you and starting something, carrying or not.

You getting a ticket though, that's BS. I've seen everyone from little old ladies to LEOs flip people the bird when they do something stupid on the road. I bet at least one other person flipped the lady off, you were just lucky enough to be easier to follow.
 
"as a citizen, Im concerned that your carrying and you do stuff like that."
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That may be an indication that he wanted to talk to you on a moral principle rather than a legal principle. He may well be outside his bounds giving you a ticket.
 
Why isn't "flipping the bird" and the sentiments it is intended to convey protected by the 1st Amendment?

Why is it illegal for me to tell some stranger to "**** off" if I am unhappy with them for whatever reason?
 
When one carries a gun, you must be the quietest, humblest, most even-tempered person in the room - no exceptions.
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I agree completely with this statement......never do anything that might escalate a situation when you are carying.

You lost your temper plain and simple.

As for the 1st ammendment....it's abuse is rampant.

IMO...You have no right to stick your head out of your window and to hollar obsceneties at a passerby who somehow irritated you, and everybody knows that flipping someone off is basically saying "up yours" or "f### you".

The founding fathers intent for the first ammendment was clearly political speach. You have the right to criticize the government...even protest it's actions.

In this screwed up 21st century US of A we live in...the 1st is viewed as a unchallengeable right to "express" yourself any way you please. The right to walk topless on Daytona beach and sell pornography is a desicration of the 1st.
 
To quote George Carlin:

“Just think of how stupid the average person is, and then realize half of them are even stupider!”
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You can't change stupid. You have to accept that when you drive, you're going to be inconvenienced by hordes of stupid people that got their license from a Happy Meal. Don't let it get you mad.

I've been there, trust me. I hate how inconsiderate people are when they drive. But there's nothing you can do to change them.
 
Im gonna fight this because I dont agree with it. My brother was at his school when some kids came up to him and was calling his friends n*****s and when the cops came out, they said they couldnt do anything because while its wrong, its protected free speech. Im not saying I was right by any means, but I find it completly stupid to get a ticket for this.
 
So is "flipping the bird" actually codified in Texas law? or just obscene gestures in general? And which "nanny" decides what is an obscene gesture, the picking your teeth gesture or the brushing away from under the chin, do they count as well. How PC do we have to get?
 
Is the ticket for a State law violation or a local ordinance violation? If you can find it, go ahead and post the text of the law you were cited under here so we can all see.
 
If you were pissed enough to flip someone off, I'd bet a good cheesburger that your driving wasn't exactly "defensive" either (slam on the brakes, slam on the gas, slam her the bird...)

I'd say you got off light. Stop acting like a hot-tempered teenager with a bruised ego. Acting like a reasonable, responsible adult goes part a parcel with having a CHL. Unless they try to stick you with something else, a citation for disorderly conduct is a Class C misdemeanor (same as a speeding ticket). Pay the ticket, take your lumps like a man, and keep your fingers on the steering wheel instead of out the window.

Brad
 
RoadkingLarry said:
So is "flipping the bird" actually codified in Texas law?
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Relevant sections underlined.

Texas Penal Code section 42.01: Disorderly Conduct.

Sec. 42.01. DISORDERLY CONDUCT. (a) A person commits an offense if he intentionally or knowingly:
(1) uses abusive, indecent, profane, or vulgar language in a public place, and the language by its very utterance tends to incite an immediate breach of the peace;
(2) makes an offensive gesture or display in a public place, and the gesture or display tends to incite an immediate breach of the peace;
(3) creates, by chemical means, a noxious and unreasonable odor in a public place;
(4) abuses or threatens a person in a public place in an obviously offensive manner;
(5) makes unreasonable noise in a public place other than a sport shooting range, as defined by Section 250.001, Local Government Code, or in or near a private residence that he has no right to occupy;
(6) fights with another in a public place;
(7) enters on the property of another and for a lewd or unlawful purpose looks into a dwelling on the property through any window or other opening in the dwelling;
(8) while on the premises of a hotel or comparable establishment, for a lewd or unlawful purpose looks into a guest room not his own through a window or other opening in the room;
(9) discharges a firearm in a public place other than a public road or a sport shooting range, as defined by Section 250.001, Local Government Code;
(10) displays a firearm or other deadly weapon in a public place in a manner calculated to alarm;
(11) discharges a firearm on or across a public road; or
(12) exposes his **** or genitals in a public place and is reckless about whether another may be present who will be offended or alarmed by his act.
(b) It is a defense to prosecution under Subsection (a)(4) that the actor had significant provocation for his abusive or threatening conduct.
(c) [amended 9/1/95] For purposes of this section:
(1) an act is deemed to occur in a public place or near a private residence if it produces its offensive or proscribed consequences in the public place or near a private residence; and
(2) a noise is presumed to be unreasonable if the noise exceeds a decibel level of 85 after the person making the noise receives notice from a magistrate or peace officer that the noise is a public nuisance.
(d) An offense under this section is a Class C misdemeanor unless committed under Subsection (a)(9) or (a)(10), in which event it is a Class B misdemeanor.
Before 9/1/95 (c) provided:
(c) For purposes of this section, an act is deemed to occur in a public place or near a private residence if it produces its offensive or proscribed consequences in the public place or near a private residence.
 
Sec. 42.01. DISORDERLY CONDUCT. (a) A person commits an offense if he intentionally or knowingly:
...
(2) makes an offensive gesture or display in a public place, and the gesture or display tends to incite an immediate breach of the peace;
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I'd say guilty.
 
guessing you are young cause older you'd aknowledge being stupid and move on not try to make its someone elses fault.

i flipped a guy off on dc beltway for tailgating me he was angry about it he popped outa his car when we hit stopped traffic. he had a bat. he was so angry he failed to notice trooper behind him. he was wrong but so was i.had trooper not been there i would taken a beating or hada shoot him. there are issues worth that. this wasn't one of them

i'd see if i could plead guilty to alessor vharge and shut up and move on
 
There's this thing on the steering wheel called a horn. Call me crazy but flipping someone off is not a very good indicator of civility.
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Careful with that horn thing, might get you pulled over in some states, like this guy...

Q&A | Honking can be illegal | Lake City hazards
By Charles E. Brown
Seattle Times staff reporter

Q: Here's one worth giving a toot about: The other day Mark Cruz, of Renton, was waiting to turn left at a green light in downtown Seattle. The car in front of him was sitting under the light, turn signal blinking, but had not budged even though all oncoming traffic had passed.

Cruz honked his horn to urge the driver to move. "Then I was pulled over by a Seattle police officer on a motorcycle. He let me off on a warning for honking at the car in front of me.

"Dumbfounded, I said, 'Of course I was.' What am I supposed to do when someone just sits there at a green light?

"He then told me that use of your horn is only for emergencies."...

"I have always used my horn with regularity," he said, assuming his horn to be as indispensable as his turn signal and headlights.

What should a driver do when the car up ahead won't move? "Can you please tell me what the law in Washington is on the use of your horn?"

A: While it's true that drivers in the Northwest pride themselves on being more genteel than in some other parts of the country, it's also true that this state has, shall we say, a horn rule.

The officer was not out of line, said State Patrol spokesman Bob Calkins. In fact, Trooper Kirk Rudeen, also of the Patrol, referenced a state statute (RCW 46.37.380) that says a horn should be used only when reasonably necessary. "Honking at the car in front of you to go because the light turned green is not considered proper use of the horn," said Rudeen.

So what to do? "What we tell people is unless it's an emergency situation, just be patient and polite," Rudeen said.
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http://seattletimes.nwsource.com/html/localnews/2003791064_bumper16m.html
 
Yup wdlsguy, that's the problem. Until this is cleared up his TxCHL is effectively suspended.

If he pleads guilty it will be suspended for five more years.

He needs to get this dropped yesterday.
 
Once, I saw a fellow get his middle finger broken by another guy on whom he had just exercised his "freedom of speech." I can't say I felt too sorry for him, either.
I think you ought to pay your ticket and mind your manners in the future. In fact, I think you ought to clip a copy of the ticket to your sun visor where you can see it the next time you have an urge to make obscene gestures at a woman. Legally, you may be in the clear, but I have small sympathy for someone who does the equivalent of yelling "f*** you!" at a lady. Especially someone from Texas where they do considerable bragging about the superiority of their manners over those of yankees.
 
I didnt know it was a woman until he told me and incase your wondering, I do feel bad for that. Its just too many other things Ive seen happen made me angry about this. Im not trying to put the blame on anyone else. I did it and it was wrong, I just dont think a disorderly conduct ticket is necessary.
 
I may be pretty new here, but I still feel the need to say my piece.

I'm disturbed by many of the sanctimonious responses I've seen on this thread. I accept and agree with the idea that once you strap on a gun, you must adhere to a different level of ethics that ought to preclude rude gestures.

But you don't give up your humanity when you carry. The man made a mistake, and in the grand scheme of things, it's a pretty small mistake.

And it's a VERY small mistake to lose your right to carry over. EVERYBODY makes stupid mistakes once in a while. We don't indulge in this kind of sanctimonious derision when somebody has an AD/ND, and we certainly don't question their ability or their RIGHT to carry. How is this different?

I don't think any of us are fit to cast the first stone, here.

To Desperado, I say you were wronged. Policemen have no business writing tickets for flipping someone off. If it's illegal (instead of merely a bad idea) today to raise your middle finger, what'll be illegal tomorrow? I hope the charges are dropped, and I hope you come out clean and with your RKBA intact, as it should be.
 
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