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Thread: will careless driving tickin hert my chances of geting my cpl

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    will careless driving tickin hert my chances of geting my cpl

    I got a careless driving tickit last summer will this hurt the chances of me getting my Cpl I'm going to apply for it Monday

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    Regular Member usamarshal's Avatar
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    Thats just a mm right?

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    I'm hopping.

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    If it was one of these then it must be over 3 years ago.

    (i) Section 625 of the Michigan vehicle code, 1949 PA 300, MCL 257.625 (operating under the influence).
    (ii) Section 625a of the Michigan vehicle code, 1949 PA 300, MCL 257.625a (refusal of commercial vehicle operator to submit to a chemical test).
    (iii) Section 625k of the Michigan vehicle code, 1949 PA 300, MCL 257.625k (ignition interlock device reporting violation).
    (iv) Section 625l of the Michigan vehicle code, 1949 PA 300, MCL 257.625l (circumventing an ignition interlocking device).
    (v) Section 625m of the Michigan vehicle code, 1949 PA 300, MCL 257.625m, punishable under subsection (3) of that section (operating a commercial vehicle with alcohol content).
    (vi) Section 185 of the aeronautics code of the state of Michigan, 1945 PA 327, MCL 259.185 (operating aircraft under the influence).
    (vii) Section 81134 of the natural resources and environmental protection act, 1994 PA 451, MCL 324.81134 (operating ORV under the influence).
    (viii) Section 81135 of the natural resources and environmental protection act, 1994 PA 451, MCL 324.81135 (operating ORV while visibly impaired).
    (ix) Section 82127 of the natural resources and environmental protection act, 1994 PA 451, MCL 324.82127 (operating a snowmobile under the influence).
    (x) Part 74 of the public health code, 1978 PA 368, MCL 333.7401 to 333.7461 (controlled substance violation).
    (xi) Section 353 of the railroad code of 1993, 1993 PA 354, MCL 462.353 (operating locomotive under the influence), punishable under subsection (3) of that section.
    (xii) Section 167 of the Michigan penal code, 1931 PA 328, MCL 750.167 (disorderly person).
    (xiii) Section 174 of the Michigan penal code, 1931 PA 328, MCL 750.174 (embezzlement).
    (xiv) Section 218 of the Michigan penal code, 1931 PA 328, MCL 750.218 (false pretenses with intent to defraud).
    (xv) Section 356 of the Michigan penal code, 1931 PA 328, MCL 750.356 (larceny).
    (xvi) Section 356d of the Michigan penal code, 1931 PA 328, MCL 750.356d (second degree retail fraud).
    (xvii) Section 359 of the Michigan penal code, 1931 PA 328, MCL 750.359 (larceny-vacant building).
    (xviii) Section 362 of the Michigan penal code, 1931 PA 328, MCL 750.362 (larceny by conversion).
    (xix) Section 362a of the Michigan penal code, 1931 PA 328, MCL 750.362a (larceny-defrauding lessor).
    (xx) Section 377a of the Michigan penal code, 1931 PA 328, MCL 750.377a (malicious destruction of property).
    (xxi) Section 380 of the Michigan penal code, 1931 PA 328, MCL 750.380 (malicious destruction of real property).
    (xxii) Section 535 of the Michigan penal code, 1931 PA 328, MCL 750.535 (receiving stolen property).
    (xxiii) Section 540e of the Michigan penal code, 1931 PA 328, MCL 750.540e (malicious use of telephones).
    (xxiv) A violation of a law of the United States, another state, or a local unit of government of this state or another state substantially corresponding to a violation described in subparagraphs (i) to (xxiii).



    If one of these then 8 years.

    (i) Section 464a of the mental health code, 1974 PA 258, MCL 330.1464a.
    (ii) Section 5107 of the estates and protected individuals code, 1998 PA 386, MCL 700.5107.
    (iii) Sections 2950 and 2950a of the revised judicature act of 1961, 1961 PA 236, MCL 600.2950 and 600.2950a.
    (iv) Section 6b of chapter V of the code of criminal procedure, 1927 PA 175, MCL 765.6b, if the order has a condition imposed pursuant to section 6b(3) of chapter V of the code of criminal procedure, 1927 PA 175, MCL 765.6b.
    (v) Section 16b of chapter IX of the code of criminal procedure, 1927 PA 175, MCL 769.16b.
    (e) The applicant is not prohibited from possessing, using, transporting, selling, purchasing, carrying, shipping, receiving, or distributing a firearm under section 224f of the Michigan penal code, 1931 PA 328, MCL 750.224f.
    (f) The applicant has never been convicted of a felony in this state or elsewhere, and a felony charge against the applicant is not pending in this state or elsewhere at the time he or she applies for a license described in this section.
    (g) The applicant has not been dishonorably discharged from the United States armed forces.
    (h) The applicant has not been convicted of a misdemeanor violation of any of the following in the 8 years immediately preceding the date of application:
    (i) Section 617a of the Michigan vehicle code, 1949 PA 300, MCL 257.617a (failing to stop when involved in a personal injury accident).
    (ii) Section 625 of the Michigan vehicle code, 1949 PA 300, MCL 257.625, punishable as provided in subsection (9)(b) of that section (operating while intoxicated, second offense).
    (iii) Section 625m of the Michigan vehicle code, 1949 PA 300, MCL 257.625m punishable under subsection (4) of that section (operating a commercial vehicle with alcohol content, second offense).
    (iv) Section 626 of the Michigan vehicle code, 1949 PA 300, MCL 257.626 (reckless driving).
    (v) Section 904(1) of the Michigan vehicle code, 1949 PA 300, MCL 257.904 (operating while license suspended or revoked), punishable as a second or subsequent offense.
    (vi) Section 185 of the aeronautics code of the state of Michigan, 1945 PA 327, MCL 259.185 (operating aircraft while under the influence of intoxicating liquor or a controlled substance with prior conviction).
    (vii) Section 29 of the weights and measures act, 1964 PA 283, MCL 290.629 (hindering or obstructing certain persons performing official weights and measures duties).
    (viii) Section 10 of the motor fuels quality act, 1984 PA 44, MCL 290.650 (hindering, obstructing, assaulting, or committing bodily injury upon director or authorized representative).
    (ix) Section 81134 of the natural resources and environmental protection act, 1994 PA 451, MCL 324.81134, punishable under subsection (5) or (6) of that section (operating ORV under the influence of intoxicating liquor or a controlled substance, second or subsequent offense).
    (x) Section 82127 of the natural resources and environmental protection act, 1994 PA 451, MCL 324.82127 (operating a snowmobile under the influence of intoxicating liquor or a controlled substance), punishable as a second or subsequent offense under section 82128(1)(b) or (c) of the natural resources and environmental protection act, 1994 PA 451, MCL 324.82128.
    (xi) Section 80176 of the natural resources and environmental protection act, 1994 PA 451, MCL 324.80176, and punishable under section 80177(1)(b) (operating vessel under the influence of intoxicating liquor or a controlled substance, second or subsequent offense).
    (xii) Section 7403 of the public health code, 1978 PA 368, MCL 333.7403.
    (xiii) Section 353 of the railroad code of 1993, 1993 PA 354, MCL 462.353 (operating locomotive under the influence of intoxicating liquor or a controlled substance, or while visibly impaired), punishable under subsection (4) of that section.
    (xiv) Section 7 of 1978 PA 33, MCL 722.677 (displaying sexually explicit matter to minors).
    (xv) Section 81 of the Michigan penal code, 1931 PA 328, MCL 750.81 (assault or domestic assault).
    (xvi) Section 81a(1) or (2) of the Michigan penal code, 1931 PA 328, MCL 750.81a (aggravated assault or aggravated domestic assault).
    (xvii) Section 115 of the Michigan penal code, 1931 PA 328, MCL 750.115 (breaking and entering or entering without breaking).
    (xviii) Section 136b(6) of the Michigan penal code, 1931 PA 328, MCL 750.136b (fourth degree child abuse).
    (xix) Section 145a of the Michigan penal code, 1931 PA 328, MCL 750.145a (accosting, enticing, or soliciting a child for immoral purposes).
    (xx) Section 145n of the Michigan penal code, 1931 PA 328, MCL 750.145n (vulnerable adult abuse).
    (xxi) Section 157b(3)(b) of the Michigan penal code, 1931 PA 328, MCL 750.157b (solicitation to commit a felony).
    (xxii) Section 215 of the Michigan penal code, 1931 PA 328, MCL 750.215 (impersonating peace officer or medical examiner).
    (xxiii) Section 223 of the Michigan penal code, 1931 PA 328, MCL 750.223 (illegal sale of a firearm or ammunition).
    (xxiv) Section 224d of the Michigan penal code, 1931 PA 328, MCL 750.224d (illegal use or sale of a self-defense spray).
    (xxv) Section 226a of the Michigan penal code, 1931 PA 328, MCL 750.226a (sale or possession of a switchblade).
    (xxvi) Section 227c of the Michigan penal code, 1931 PA 328, MCL 750.227c (improper transportation of a loaded firearm).
    (xxvii) Section 228 of the Michigan penal code, 1931 PA 328, MCL 750.228 (failure to have a pistol inspected).
    (xxviii) Section 229 of the Michigan penal code, 1931 PA 328, MCL 750.229 (accepting a pistol in pawn).
    (xxix) Section 232 of the Michigan penal code, 1931 PA 328, MCL 750.232 (failure to register the purchase of a firearm or a firearm component).
    (xxx) Section 232a of the Michigan penal code, 1931 PA 328, MCL 750.232a (improperly obtaining a pistol, making a false statement on an application to purchase a pistol, or using false identification to purchase a pistol).
    (xxxi) Section 233 of the Michigan penal code, 1931 PA 328, MCL 750.233 (intentionally aiming a firearm without malice).
    (xxxii) Section 234 of the Michigan penal code, 1931 PA 328, MCL 750.234 (intentionally discharging a firearm aimed without malice).
    (xxxiii) Section 234d of the Michigan penal code, 1931 PA 328, MCL 750.234d (possessing a firearm on prohibited premises).
    (xxxiv) Section 234e of the Michigan penal code, 1931 PA 328, MCL 750.234e (brandishing a firearm in public).
    (xxxv) Section 234f of the Michigan penal code, 1931 PA 328, MCL 750.234f (possession of a firearm by an individual less than 18 years of age).
    (xxxvi) Section 235 of the Michigan penal code, 1931 PA 328, MCL 750.235 (intentionally discharging a firearm aimed without malice causing injury).
    (xxxvii) Section 235a of the Michigan penal code, 1931 PA 328, MCL 750.235a (parent of a minor who possessed a firearm in a weapon free school zone).
    (xxxviii) Section 236 of the Michigan penal code, 1931 PA 328, MCL 750.236 (setting a spring gun or other device).
    (xxxix) Section 237 of the Michigan penal code, 1931 PA 328, MCL 750.237 (possessing a firearm while under the influence of intoxicating liquor or a drug).
    (xl) Section 237a of the Michigan penal code, 1931 PA 328, MCL 750.237a (weapon free school zone violation).
    (xli) Section 335a of the Michigan penal code, 1931 PA 328, MCL 750.335a (indecent exposure).
    (xlii) Section 411h of the Michigan penal code, 1931 PA 328, MCL 750.411h (stalking).
    (xliii) Section 520e of the Michigan penal code, 1931 PA 328, MCL 750.520e (fourth degree criminal sexual conduct).
    (xliv) Section 1 of 1952 PA 45, MCL 752.861 (reckless, careless, or negligent use of a firearm resulting in injury or death).
    (xlv) Section 2 of 1952 PA 45, MCL 752.862 (careless, reckless, or negligent use of a firearm resulting in property damage).
    (xlvi) Section 3a of 1952 PA 45, MCL 752.863a (reckless discharge of a firearm).
    (xlvii) A violation of a law of the United States, another state, or a local unit of government of this state or another state substantially corresponding to a violation described in subparagraphs (i) to (xlvi).

    If it's not one these lists then it shouldn't be a problem.
    Last edited by Venator; 02-03-2011 at 05:38 PM.
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    *The information contained above is not meant to be legal advice, but is solely intended as a starting point for further research. These are my opinions, if you have further questions it is advisable to seek out an attorney that is well versed in firearm law.

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    Well wrekless is listed so I'm worried they will think careless is close enought an deny me thanks for posting that Berry informative

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    As long as there isn't a spelling test, you'll be fine.

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    Quote Originally Posted by chargerlover View Post
    Well wrekless is listed so I'm worried they will think careless is close enought an deny me thanks for posting that Berry informative
    It has to be one of those listed, they just can't say close enough. They will definitely talk to you about it. You do not need to discuss anything with them if you choose. If it's not on the list they can't use it to deny you.
    An Amazon best seller "MY PARENTS OPEN CARRY" http://www.myparentsopencarry.com/

    *The information contained above is not meant to be legal advice, but is solely intended as a starting point for further research. These are my opinions, if you have further questions it is advisable to seek out an attorney that is well versed in firearm law.

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    Sorry. I spell like garbage on my cell plus auto correct is goofy.. talk to me? Like ask me to go to court befour they decided or something

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    Quote Originally Posted by chargerlover View Post
    Sorry. I spell like garbage on my cell plus auto correct is goofy.. talk to me? Like ask me to go to court befour they decided or something
    Some gun boards call all applicant before the board and ask them questions about their past if something comes up other than what's on the list. Gives them a feeling of power. It's not a trial, so you have the right not to discuss anything you want. There isn't much they can do, if you meet all state requirements for a CPL. Don't let them intimidate you.
    An Amazon best seller "MY PARENTS OPEN CARRY" http://www.myparentsopencarry.com/

    *The information contained above is not meant to be legal advice, but is solely intended as a starting point for further research. These are my opinions, if you have further questions it is advisable to seek out an attorney that is well versed in firearm law.

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    Regular Member detroit_fan's Avatar
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    Quote Originally Posted by chargerlover View Post
    Sorry. I spell like garbage on my cell plus auto correct is goofy.. talk to me? Like ask me to go to court befour they decided or something
    what county are you in?

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    I live in city of Flint so genesse county .

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    Careless and reckless are two different charges. If you were cited for careless; you're good. Cited for reckless...bad...3yr wait.
    See below...

    257.626b 1810 Careless Driving 3pts No licensing action: Civil infraction

    257.626 1800 Reckless Driving 6pts 1st: 90 day suspension: Misdemeanor

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    Thanks for posting that anyone know who decides on cpls in genesse

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    Quote Originally Posted by WARCHILD View Post
    Careless and reckless are two different charges. If you were cited for careless; you're good. Cited for reckless...bad...3yr wait.
    See below...

    257.626b 1810 Careless Driving 3pts No licensing action: Civil infraction

    257.626 1800 Reckless Driving 6pts 1st: 90 day suspension: Misdemeanor
    Reckless is an 8 year dis-qualifier. Ouch.

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    Quote Originally Posted by Venator View Post
    It has to be one of those listed, they just can't say close enough. They will definitely talk to you about it. You do not need to discuss anything with them if you choose. If it's not on the list they can't use it to deny you.
    BUT,they may use MCL 28.425b,7n which is what they tried to use against me(with my NRA lawyer present).Which is the reason I do not believe we have a shall issue law(still have to show proof while they're supposed to show proof).Time to repeal!
    Today JESUS would tell me to sell my coat and buy two Springfield XD Compact 45acp's!

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    What did they try to use against. U in lamens terms LOL
    Last edited by chargerlover; 02-03-2011 at 08:17 PM.

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    Michigan Moderator DrTodd's Avatar
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    Quote Originally Posted by chargerlover View Post
    What did they try to use against. U in lamens terms LOL
    MCL 28.425b (7)
    (n) Issuing a license to the applicant to carry a concealed pistol in this state is not detrimental to the safety of the applicant or to any other individual. A determination under this subdivision shall be based on clear and convincing evidence of repeated violations of this act, crimes, personal protection orders or injunctions, or police reports or other clear and convincing evidence of the actions of, or statements of, the applicant that bear directly on the applicant's ability to carry a concealed pistol.

    They MAY try to use this... especially if the "careless driving" was because of a "road rage" incident... something which this charge is sometimes used to punish.
    Giving up our liberties for safety is the one sure way to let the violent among us win.

    "Though defensive violence will always be a 'sad necessity' in the eyes of men of principle, it would be still more unfortunate if wrongdoers should dominate just men." -Saint Augustine

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  18. #18
    Activist Member hamaneggs's Avatar
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    Quote Originally Posted by chargerlover View Post
    What did they try to use against. U in lamens terms LOL
    2 drinking and driving convictions that happened 15+ years ago.They actualy said that they were afraid I might start drinking again after I showed them 13 years of sobriety on paper.That's the Macomb county board.The DA is upset about having lost the power to decide for you!
    Today JESUS would tell me to sell my coat and buy two Springfield XD Compact 45acp's!

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  19. #19
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    Quote Originally Posted by DrTodd View Post
    MCL 28.425b (7)
    (n) Issuing a license to the applicant to carry a concealed pistol in this state is not detrimental to the safety of the applicant or to any other individual. A determination under this subdivision shall be based on clear and convincing evidence of repeated violations of this act, crimes, personal protection orders or injunctions, or police reports or other clear and convincing evidence of the actions of, or statements of, the applicant that bear directly on the applicant's ability to carry a concealed pistol.

    They MAY try to use this... especially if the "careless driving" was because of a "road rage" incident... something which this charge is sometimes used to punish.

    That's one reason not to discuss anything with them. Just ask them if careless driving disqualifies you from getting a CPL. It does not. So ask them to either approve or deny the CPL. If they deny you can appeal the denial.
    An Amazon best seller "MY PARENTS OPEN CARRY" http://www.myparentsopencarry.com/

    *The information contained above is not meant to be legal advice, but is solely intended as a starting point for further research. These are my opinions, if you have further questions it is advisable to seek out an attorney that is well versed in firearm law.

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    My ticket was rapid exceleration in my loud car it was a BS ticket

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    Michigan Moderator DrTodd's Avatar
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    Quote Originally Posted by chargerlover View Post
    My ticket was rapid exceleration in my loud car it was a BS ticket
    That was a BS ticket. Only if asked, that is about what I would say to the board.
    Giving up our liberties for safety is the one sure way to let the violent among us win.

    "Though defensive violence will always be a 'sad necessity' in the eyes of men of principle, it would be still more unfortunate if wrongdoers should dominate just men." -Saint Augustine

    Disclaimer I am not a lawyer! Please do not consider anything you read from me to be legal advice.

  22. #22
    Regular Member Onnie's Avatar
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    Did you plea down? if not, and you still have the ticket or the court notice, if one was sent, look on it for the exact MCL they charged you with, it should be there if you can read it. If not, maybe go to the court and see if they would give you that info, if they do don't know if they would charge you for that info or not. That way you can check what you were actually found guilty under. Also you could pull up a copy of your driving record with SOS for a FEE and if you need to you could also pull up a copy of your Record with MSP, also for a FEE

    I had to pull up a copy of my record with MSP before I applied to see what charge I had from 30 years ago so I did not look unintelligent when I went in front of the board in October 2010
    for me it was worth the 20 bucks because a second charge I had in the 90's never made it to the record
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    Quote Originally Posted by chargerlover View Post
    My ticket was rapid exceleration in my loud car it was a BS ticket
    Almost got one of those when I was 16. I had just gotten my first car, well it was a truck. 72 chevy short bed with a nice 350 in it. Me and some buddies were out driving around. I did a big ole hairy burnout right through a intersection. Never saw the cop sitting in the gas station on the corner...LOL. He pulled me over and read me the riot act about me getting a reckless driving, rapid exceleration ticket etc etc!!! I was about in tears, I was so scared of what my old man was going to do to me! I think the cop knew he got his point across and just wrote me up for "excessive noise" and let me go....
    "If you carry a gun, people will call you paranoid. That's ridiculous. If you have a gun, what in the hell do you have to be paranoid for." Clint Smith, Director of Thunder Ranch

  24. #24
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    Quote Originally Posted by Jblack44 View Post
    Almost got one of those when I was 16. I had just gotten my first car, well it was a truck. 72 chevy short bed with a nice 350 in it. Me and some buddies were out driving around. I did a big ole hairy burnout right through a intersection. Never saw the cop sitting in the gas station on the corner...LOL. He pulled me over and read me the riot act about me getting a reckless driving, rapid exceleration ticket etc etc!!! I was about in tears, I was so scared of what my old man was going to do to me! I think the cop knew he got his point across and just wrote me up for "excessive noise" and let me go....
    Aah the good old days when a LEO using discretion and realizing the consequences of what a citation or an arrest can do to you down the road. He realized youthful indiscretion and that no harm no foul. He made his point by scaring the hell out of you. I suspect you made better decisions after that. I miss those days.
    An Amazon best seller "MY PARENTS OPEN CARRY" http://www.myparentsopencarry.com/

    *The information contained above is not meant to be legal advice, but is solely intended as a starting point for further research. These are my opinions, if you have further questions it is advisable to seek out an attorney that is well versed in firearm law.

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    Some still do. Figured I should give credit where it is due.

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