Drunk Driving and Deportation

[Sba]

Looks like the Supreme Court has decided that drunk driving is not a deportable offense.

See
http://www.nytimes.com/aponline/nati...migration.html
(needs registration)

or

http://www.nytimes.com/aponline/national/AP-Scotus-Immigration.html

[bb_5555]

you beat me to it

I was hoping to give everyone the good news

I just read the ruling right now

it was a rare unanimous decision by the court

and the Bush loving chief justice wrote the order

[bb_5555]

now if you are that interested in reading the legal mumbo jumbo

here it is

http://a257.g.akamaitech.net/7/257/2...pdf/03-583.pdf

[AmericanWannabe]

But where is that one-year rule? i.e. any crime with maximum sentencing
>1 year is deportable?

So exatcly what is a deportable offense?

[bb_5555]

basically the ruling says that a simple dui by itself under florida law (and probably most states) is not a violent felony as what is required for deportation.

they left open the fact that if a person drunk driving hits someone or something that may be considered a violent felony.

[AmericanWannabe]

I think the probablity of being killed due to DUI is much
greater than that of being deported due to all causes combined

[daJudge]

"Drunk driving is a nationwide problem, as evidenced by the efforts of legislatures ... " respects to Rehnquist. Law has a human side too.

[Greengo]

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November 10, 2004: Attorney General John Ashcroft has resigned, the White House said -- the first signs of a second-term shakeup for the Bush administration. Ashcroft, one of the most controversial Cabinet appointees, said he believed the Justice Department would benefit from new leadership.
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Oh yes, the JD would surely benefit, because it can't become worse than it is already.

[hadron]

Well, the guy the case was about injured two people due to his reckless behaviour.
I agree that DUI alone shouldn't jeopardize your status, but I would have liked to see that case beeing made based on a straight DUI charge.

[AmericanWannabe]

Originally Posted by Greengo

----------------------------------------------------------------------------
November 10, 2004: Attorney General John Ashcroft has resigned, the White House said -- the first signs of a second-term shakeup for the Bush administration. Ashcroft, one of the most controversial Cabinet appointees, said he believed the Justice Department would benefit from new leadership.
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Oh yes, the JD would surely benefit, because it can't become worse than it is already.

I already heard a hispanic American is to replace him and this is the
first time a hispanic American take a cabinet postion

[Pork Chop]

Originally Posted by Greengo

----------------------------------------------------------------------------
November 10, 2004: Attorney General John Ashcroft has resigned, the White House said -- the first signs of a second-term shakeup for the Bush administration. Ashcroft, one of the most controversial Cabinet appointees, said he believed the Justice Department would benefit from new leadership.
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Oh yes, the JD would surely benefit, because it can't become worse than it is already.

good riddance to bad rubbish. about time we saw that holy roller's sorry ***...

[alren]

If you don't want to go through registration

Washington Post link is here.

[immigrationcom]

Hi! Does dirving ticket like passing school bus, speed (without injury ) has impact on the naturalization process. Thanks. ic

[gautam_t]

Hi...

any of u guys have done H1 stamping in India after DUI....I am going to face the music soon....collecting the documents now...any response is highly appreciated...

G...

[JJBBKK]

Originally Posted by waapples

http://boards.immigrationportal.com/...d.php?t=153691


please read my reply on the post above...

Is this still the case nowadays??? What are the consequences of DUI???

[GreenCardVirus]

Originally Posted by ****

The laws haven't changed.
For immigration purposes, it still matters what the maximum penalty is.
With stuff like DUIs, before any plea bargain, guilty plea, etc., the immigration consequences should be discussed with a lawyer knowledgeable about immigration law.

This thread is woken up after a long time.

Generally speaking, a simple DUI with no other complications like accident etc should not be a problem for immigrations purposes. But, if you are extremely drunk, that might be a problem.

Some states like AZ, TX classify even the first DUI as a Felony, this might complicate a bit but I think it still can be overcome. (I am not sure if they take blood alcohol content into picture, like if it is double the legal limit).

[AmericanWannabe]

The chance that we will be killed by a DUI driver is far greater than
the chance that we are deported. I hate to see anyone get deported
for whatever reasons but those DUI offenders are really dumb and selfish.

[daJudge]

dont drink and drive, cause you might hit a bump and spill it, other than that, as long you could cover the behind.

[Calisto12]

Originally Posted by DV_EU_WIN

What if the injured person is now in a wheelchair for the rest of her/his live ? I don't feel sorry for the driver. Remove drunken people from the street, first with jail and later with deportation. This is justified. DON'T DRINK AND DRIVE ! IT'S NOT AN ACCIDENT - IT'S YOUR CHOICE !!

You could go for camping, have a few glasses of wine outdoors, start your car engine just to charge your cell phone, get caugth by ranger police and get DUI for sure.

[mamamiax]

Originally Posted by Calisto12

You could go for camping, have a few glasses of wine outdoors, start your car engine just to charge your cell phone, get caugth by ranger police and get DUI for sure.

First, you are not supposed to drink and drive. This can kill people. You should know before you drink if you want drive. Man... drink at home and sleep. It is crazy to drive when you are drunk..

[TheRealCanadian]

Originally Posted by mamamiax

First, you are not supposed to drink and drive. This can kill people. You should know before you drink if you want drive. Man... drink at home and sleep. It is crazy to drive when you are drunk..

Actually, the law has no prohibitions on drinking and driving. It does prohibit driving drunk. There is a difference - thousands of Americans drink and drive every day, and no laws have been broken.

Second, how does the previous example constitute drinking and driving - but it's still a crime? Heck, there was a famous case in Canada several years back when a person started to drive home, realized he'd had too much and pulled over to sleep it off. He was charged and convicted, since he had control of the motor vehicle, despite the fact that it was turned off and he was asleep in the back seat.

[AmericanWannabe]

Originally Posted by Calisto12

You could go for camping, have a few glasses of wine outdoors, start your car engine just to charge your cell phone, get caugth by ranger police and get DUI for sure.

If the law says even that is drunk driving, there must be a very good
reason for that.

The "open container" laws say it is illegal to have an empty beer bottle
in the car.

[Calisto12]

Originally Posted by mamamiax

First, you are not supposed to drink and drive. This can kill people. You should know before you drink if you want drive. Man... drink at home and sleep. It is crazy to drive when you are drunk..

Do you understand English? In my example I have highlighted the situation: some person was charged for DUI for starting his car engine just to charge cell phone battery at capmground without going anywere. In another example the guy got DUI conviction for sleeping at back seat drunk.

[GreenCardVirus]

Talking about how you could get a dui --
-- you dont have to be actually driving the car while you are caught, you could be just sitting behind the wheel in a parking lot
-- you dont have to ever drive a car, you could get one on a boat, Horse, bike, bicycle
-- the officer does not have to give you a breath test, people could be drunk enough to not be able to give a breath test.
-- It is just breath that needs to be above legal limit. So for some reason you read 0.08 because you were burping, or there are holes in your teeth because food/alcohol got stuck up there, you still get dui.
-- some types of medication could make you feel more drunk even with 1 drink, this could get you a dui.


Most of these cops never went to college and get paid very less. So based on your color, accent, job they are dying to give you a dui. (I am not speculating on this one, this is for real)

[AmericanWannabe]

Originally Posted by GreenCardVirus

Talking about how you could get a dui --
-- you dont have to be actually driving the car while you are caught, you could be just sitting behind the wheel in a parking lot
-- you dont have to ever drive a car, you could get one on a boat, Horse, bike, bicycle
-- the officer does not have to give you a breath test, people could be drunk enough to not be able to give a breath test.
-- It is just breath that needs to be above legal limit. So for some reason you read 0.08 because you were burping, or there are holes in your teeth because food/alcohol got stuck up there, you still get dui.
-- some types of medication could make you feel more drunk even with 1 drink, this could get you a dui.


Most of these cops never went to college and get paid very less. So based on your color, accent, job they are dying to give you a dui. (I am not speculating on this one, this is for real)

Smart people should know this in advance and prevent themself
from getting a DUI ticket from cops even cops are not smart.

And typically, if a person really just get a DUI ticket for trivial
reasons listed above, most likely, he can get the case
dismissed or at least reduced to a much lesser
offense. Deportation also check circumstances.
If one really get deported for DUI, that DUI must
be real DUI.

[Calisto12]

Even more. How about that:

http://www.chron.com/disp/story.mpl/...n/3742462.html
http://www.chron.com/disp/story.mpl/...n/3744380.html

[GreenCardVirus]

Originally Posted by ****

I actually have my doubts that this is legal.
Pubs are private property, so unless the cops have a search warrant, or are invited in by the manager, I don't think they would be allowed to arrest anybody. Maybe they have laws that allow this in Texas...

I think these "sting" type operations go by different law.

If a cop stops you and gives you a DUI, he needs to show a probable reason to stop. But they dont need one if they block the road and check every vehicle's driver for smell of alcohol (what do they actually call such an operation?).