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Author Topic: Will reckless driving get me denied?  (Read 9616 times)
dataz722
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« on: December 21, 2013, 09:06:07 AM »

Almost 2 years ago now I was stopped at a checkpoint in Wilmington after have just a couple beers.  Yes I know everyone always says it was just a couple, but mine really was.  I literally blew a .08 on the dot.  I got charged with a DUI and wanted to fight it based on numerous different technicality issues.  Last month my lawyer negotiated a plea for me of reckless driving (non alcohol related) and I reluctantly took it.

Now, the application does not specifically ask about it but is that something that would get me denied?  I did also get a speeding ticket about 6 weeks ago as well but I am not convicted of that yet as I am going to fight it.  Other than that my record, both driving and criminal, is completely clean.

Thanks.
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joek
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« Reply #1 on: December 21, 2013, 10:13:47 AM »

I'm thinking they will deny you because of the short time frame. 
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dataz722
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« Reply #2 on: December 22, 2013, 08:42:42 AM »

I'm thinking they will deny you because of the short time frame. 

How long do you think I should wait?  The violation date was nearly two years ago and I believe that is what they use in Delaware for determining length of time.
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Clarence
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« Reply #3 on: December 22, 2013, 07:28:02 PM »

I agree that you most likely will be denied.  Remember that Delaware is "May issue" and as such the investigator and consequently the judge may and will look at the original arrest irregardless of the plea deal.  

From what I can gather the two things that will get you a denial ( assuming you have no firearm ownership disabilites) are domestic issues that have involved the police or courts and alcohol issues.  

I would wait at least 5 years to apply for a Delaware carry permit.

One item I would warn you about is that you can apply for and receive several permits from other states such as Florida, Virginia and Arizona. These will be good in many states ( not Delaware for a resident ) but many ask if you have ever been denied a permit.  

Good idea I think to get one or more of these and when you do apply for Delaware, you will list these on the application. This will show that you have been approved elsewhere and have not any problems.  
« Last Edit: December 23, 2013, 04:27:43 AM by Clarence » Logged

DE PA VA AZ FL ccw. NRA Life Member.

For slavery fled, O glorious dead, When you fell in the foggy dew.
joek
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« Reply #4 on: December 23, 2013, 09:58:43 AM »

I'm thinking they will deny you because of the short time frame. 

How long do you think I should wait?  The violation date was nearly two years ago and I believe that is what they use in Delaware for determining length of time.

My personal experience:  I waited 13-years after my DWI to apply for my CCW in Delware and I was denied.  My DWI was in Maryland.  I was not convicted of DWI.  My plea deal was probation before judgment and after 5-years of no alcohol related traffic violation(s) my records was to be wiped clean.  Like I said, 13-years after I was denied for alcohol related charges.  My record didn't show a conviction but it showed my arrest.  Now when I received this denial letter I was surprised but not totally shocked.  I appealed the decision and went to see the judge without an attorney.  I meet with three attorneys before making the decision not to use one.  Two of the three were honest with me and one just wanted my money.  He wanted something like $1000 just to start my case.  The two honest ones told me to be honest with the judge and you will be fine.

Now at this point I am MANY years sober.  I go to the appeal and tell the judge my story.  He said once I prove alcohol is no longer part of my life he will approve my CCW.  Proof submitted.  CCW approved.  It was almost 10-months from application to approval.

Good luck.
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cwidene
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« Reply #5 on: May 19, 2014, 09:42:29 AM »

Can you share what proof you provided to the judge? I have been offered a plea of reckless driving-alcohol related and my CCDW is in process. The investigator told me they will not move forward until this case is settled. I am curious as I will most likely have to appeal. Ugh. Thanks.
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Clarence
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« Reply #6 on: May 19, 2014, 06:04:23 PM »

Can you share what proof you provided to the judge? I have been offered a plea of reckless driving-alcohol related and my CCDW is in process. The investigator told me they will not move forward until this case is settled. I am curious as I will most likely have to appeal. Ugh. Thanks.
Earlier you said you reluctantly accepted a plea "non- alcohol " related. Now you say the case is not settled and the plea is alcohol related.  Not clear where you stand. 
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DE PA VA AZ FL ccw. NRA Life Member.

For slavery fled, O glorious dead, When you fell in the foggy dew.
joek
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« Reply #7 on: May 20, 2014, 10:51:07 PM »

Can you share what proof you provided to the judge? I have been offered a plea of reckless driving-alcohol related and my CCDW is in process. The investigator told me they will not move forward until this case is settled. I am curious as I will most likely have to appeal. Ugh. Thanks.

I had a receipt for my $29,000 alcohol treatment program that I voluntarily attended and completed which by the way saved my life!
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cwidene
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« Reply #8 on: October 11, 2014, 08:50:56 AM »

Final post. I fought my DUI and ultimately got it reduced to just 'reckless driving'. I than contacted the investigator, as he was than able to close the file and submit it to the judge. The good news, yesterday my CCDW permit arrived in the mail. A long journey but well worth it. Thanks for everyone's feedback and help.
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Clarence
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« Reply #9 on: October 11, 2014, 09:23:45 AM »

Awesome. Glad to hear that you did receive. Good to hear that the judge and investigator were fair. This should help others who might have past minor issues.

Carry safe. Congratulations!!!
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DE PA VA AZ FL ccw. NRA Life Member.

For slavery fled, O glorious dead, When you fell in the foggy dew.
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« Reply #10 on: October 11, 2014, 02:20:47 PM »

Good for you, congratulations. Make sure you don't carry your weapon under the influence.
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Stambau94
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« Reply #11 on: June 15, 2018, 01:29:50 AM »

Yeah truly said about it. This is quite a rare instance as many a times, people end up complaining that their trial wasn’t fair. My uncle has been working for a top DUI lawyer and he has told me multiple times how important it is to engage good lawyers.
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josephjanes
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« Reply #12 on: July 07, 2018, 08:53:42 AM »

Sen. Anthony DelCollo (R-Elsmere), attorney, may be able to help anyone in this situation, or refer you to 2A attorney. He's pro-2A.  I attended a DASAL conference 3-4 years ago. I'll try to find business cards of other 2A attorneys. My takeaway was that it's better to engage the attorney before application for CDW license. And one who specializes in 2A and Constitutional law, not a general practitioner.
 Google 'DASAL' Fifth Annual Seminar, Oct. 19, 2018, see Pres. Brian Gottesman, Esq., firm of Berger & Harris, 1105 N. Market St., Wilm., DE. NOT an endorsement or solicitation, just info for you to start your search for attorney ! See Also 4th and 3rd Annual DASAL Seminars list of speakers. Outstanding !
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josephjanes
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« Reply #13 on: July 11, 2018, 08:17:26 AM »

As promised, I found the business cards of 2A attorneys I met at 2016 DASAL seminar. Brian Tome (Silverside Rd. , Wilm. 302-478-1113, and Michael Morton (Kennett Pike, Greenville 302-426-1313).
Again, not an endorsement or solicitation, just info on lawyers who specialize in 2A issues, such as CDW license applications, expungements, etc. to clear a record.
FYI - At this conference, Superior Court Judge William Witham spoke. Relating to the application question ( and also for your references) "Reason for Application (Be VERY specific"), Judge Witham advised the attorneys applicants should just simply recite what is in DE Title 11, sec. (a)(2)... "for the protection of the applicant (i.e. 'myself') or the applicant's (i.e. 'my') property, or both". Judge Witham recounted applications he had reviewed where the applicant went into great detail about night deposits of cash, including days of the week and dollar amounts, or specific Wilm. city streets they drove after dark, etc. He advised the attorneys present that this level of detail was unnecessary. My own experience, following the advice of my CDW course instructor in 2010, was that I put for 'Reason for Application' : " For the protection of myself, my family, and my property". Also have your references put this same, simple statement on their form(s). I was approved , no problem, with this statement.
It may also be helpful for you to fill-in your name , address for your reference, before you give them form, so info matches exactly with your application. For example, I go by my middle name, and my references were surprised that I had a different 'legal' 1st name !!
« Last Edit: July 28, 2018, 09:00:21 AM by josephjanes » Logged
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