Texas Penal Code 48.015 – Prohibitions Relating to Certain Cigarettes

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/ Texas Penal Code 48.015 – Prohibitions Relating to Certain Cigarettes

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Texas Penal Code 48.015 – Prohibitions Relating to Certain Cigarettes

WHAT IS PROHIBITIONS RELATING TO CERTAIN CIGARETTES IN TEXAS?

The Texas law of prohibitions relating to certain cigarettes prohibits acquiring, holding, owning, possessing, or transporting cigarettes for sale and distribution that do not comply with federal law and regulations.

WHAT IS THE PROHIBITIONS RELATING TO CERTAIN CIGARETTES LAW IN TEXAS?

Tex. Penal Code § 48.015. PROHIBITIONS RELATING TO CERTAIN CIGARETTES.

(a) A person may not acquire, hold, own, possess, or transport for sale or distribution in this state or import or cause to be imported into this state for sale or distribution in this state:

(1) cigarettes that do not comply with all applicable requirements imposed by or under federal law and implementing regulations; or

(2) cigarettes to which stamps may not be affixed under Section 154.0415, Tax Code, other than cigarettes lawfully imported or brought into the state for personal use and cigarettes lawfully sold or intended to be sold as duty-free merchandise by a duty-free sales enterprise in accordance with 19 U.S.C. Section 1555(b), as amended.

(b) A person who commits an act prohibited by Subsection (a), knowing or having reason to know that the person is doing so, is guilty of a Class A misdemeanor.

WHAT IS THE PENALTY CLASS FOR PROHIBITIONS RELATING TO CERTAIN CIGARETTES IN TEXAS?

Prohibitions relating to certain cigarettes is a Class A misdemeanor, punishable by up to one year in county jail.

WHAT IS THE PUNISHMENT RANGE FOR PROHIBITIONS RELATING TO CERTAIN CIGARETTES IN TEXAS?

The punishment range for prohibitions relating to certain cigarettes, a Class A misdemeanor, is up to one year in jail, and a maximum $4,000 fine.

WHAT ARE THE PENALTIES FOR PROHIBITIONS RELATING TO CERTAIN CIGARETTES IN TEXAS?

A person charged with prohibitions relating to certain cigarettes may be eligible for probation after a conviction, or deferred adjudication without a conviction, for a period not to exceed two years.

WHAT ARE THE DEFENSES TO PROHIBITIONS RELATING TO CERTAIN CIGARETTES IN TEXAS?

The statute does not authorize specific defenses to prohibitions relating to certain cigarettes. A person accused thereof may attempt to negate at least one of the elements the State must prove at trial.

WHAT IS THE STATUTE OF LIMITATIONS FOR PROHIBITIONS RELATING TO CERTAIN CIGARETTES IN TEXAS?

The limitation period for prohibitions relating to certain cigarettes is two years.

PROHIBITIONS RELATING TO CERTAIN CIGARETTES IN TEXAS

Texas law punishes importing, selling, possessing, or otherwise acquiring or holding cigarettes for distribution without abiding by federal law and regulations.

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CHARGES DISMISSED

DRIVING WHILE INTOXICATED .15

Driving facts involved failing to maintain a single lane and speeding. Client refused breath test and forced law enforcement to obtain search warrant for blood. Blood test result was not used after challenge from Defense, and State waived and abandoned charge.

CHARGES DISMISSED

DRIVING UNDER THE INFLUENCE

Client was a college student, worried about the collateral consequences of an alcohol offense. After negotiation and review of the traffic stop, the case was dismissed. Client received no criminal conviction. The charge was later expunged and deleted from client’s record.

CHARGES DISMISSED

DRIVING WHILE INTOXICATED .15+

Client was involved in minor accident. Client was at fault in accident. A young executive, client was concerned that a criminal conviction for DWI would result in termination. After review of the traffic stop, it was clear the officer lacked probable cause for arrest.

CHARGES DISMISSED

DWI 2ND

Client, a military veteran, was facing up to one year in jail. State could not prove intoxication by alcohol, and was prepared to proceed on loss of use by marijuana. After challenging the State to prove that marijuana was ingested at or near time of driving, and that marijuana impaired client’s driving, the State dismissed the case on the day of trial.

CHARGES DISMISSED

DRIVING UNDER THE INFLUENCE

Driving facts involved a false claim by police that taillight was out. After challenging the reasonable suspicion for the traffic stop, the State was forced to dismiss the case when video did not match police report. Client has since expunged arrest, and has no criminal record.

CHARGES DISMISSED

DRIVING UNDER THE INFLUENCE

Client is a public school teacher and faced immediate termination upon conviction. The facts of the case were bad. State was unwilling to budge in negotiation, and matter was set for trial – the last shot at avoiding a conviction and preserving client’s livelihood. State was forced to dismiss on day of trial. Client has no criminal record, and has since expunged the DWI arrest.

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