QUESTION
What happens if I was in an accident and do not have a drivers license?
Asked on Apr 27th, 2011 on Criminal Law - Michigan
More details to this question:
I am a illegal immigrant and I was in an accident. It was my fault but I was not drunk and I have my registration and auto insurance but not a driver license. I have to see the judge can he deport me? This is my second time I got ticket for not driver license but my first accident. Thank you very much
7 ANSWERS
Appellate Practice Attorney serving Clinton Township, MI
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Thomas J. Tomko, Attorney at Law
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In general, two misdemeanors or one felony will get you deported. One misdemeanor, if against "moral turpitude" will get you deported. The judge in your criminal case is not an immigration judge. Therefore this judge will not be deporting you. A good result would be a plea to a non-criminal offense. No-Ops, and DWLS are criminal offenses. You should contact an immigration attorney for more complete information.
Answered on May 02nd, 2011 at 10:33 AM
Criminal Defense Attorney serving Temecula, CA
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Joseph A. Katz Attorney at Law PLC
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If you are not in custody, you will not likely be deported for this incident (the crime does not fit the criteria for what is called an 'aggravated felony' pursuant to Immigration Law (see the following website: http://trac.syr.edu/immigration/reports/155/). If you hurt someone while driving under the influence, you could definitely be deported. You will be subject to misdemeanor prosecution, pursuant to CVC 12500, particularly since this was your second offense. That is, it is not likely to be reduced to an infraction because it is the second time. It is possible, but factoring in the fact that you caused an accident, it is unlikely.
Answered on May 02nd, 2011 at 9:22 AM
Theodore W. Robinson
I don't believe there will be any criminal liability on your part, so you will not likely be deported for such a situation. However, it's always best to speak to an attorney about it. Good luck.
Answered on Apr 29th, 2011 at 2:20 PM
The judge cannot deport you. He wont know your legal status and you are not required to tell anyone what your status is (only tell your lawyer).
Assuming the case isnt a hit & run then would only be punished for driving without a valid license. The penalty for that may be some small jail time (depends on your county) and a fine and it makes it even harder to get a valid license afterwords due to points on your DMV record.
Answered on Apr 29th, 2011 at 1:24 PM
It is a misdemeanor offense to drive without a license or on a suspended license. It would be best for you to have a criminal lawyer represent you in court. There face a heavy fine in addition to possible jail time. If you would like details about your case, please contact our office for a free consultation. We need more facts about your particular case to advise you.
Answered on Apr 29th, 2011 at 10:55 AM
Wrongful Termination Attorney serving Huntington Beach, CA
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Nelson & Lawless
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You potentially face misdemeanor criminal charges, and a civil lawsuit for damages. I'm curious how you have insurance without a license; you may find the insurance doesn't cover you without a license. Your deportation can be sought or recommended by the DA or judge anytime you are arrested. Repeat offenses increase that risk.
Answered on Apr 29th, 2011 at 9:59 AM
Adoptions Attorney serving Lansing, MI
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Austin Legal Services, PLC
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You can face up to one-year in jail and up to $1,000 in fines. As far as your illegal alien status, you need to consult with an immigration attorney as soon as possible. I think deportation only occurs for crimes of moral turpitude but only an experienced immigration attorney can tell you that for sure.
Answered on Apr 28th, 2011 at 5:18 PM