DUI but not convicted in court

S

s2kjai

Registered Users (C)
here is my story:

4/05 - Received my GC
11/06 - DUI (license suspended by DMV but NEVER contacted by DA or court. I even have my attorney to follow up but still no words until today.. I assume they will not file a charge against me)

future date...
1/08 - apply for citizenship

QuestionS:

1) Will my DMV records affect my citizenship?
2) I never got charged by the court.. does it mean I am ok and still "good moral standard"?

Thanks..
 
You agreed on DUI charges and did not try to argue in court?
Otherwise how could your DL be suspended?
 
Hi,

My license was suspended by DMV, which is totally independent of court action.

My case is I don't ever have chance to goto the court at all. My attorney thinks they might somehow lost of my case as my attorney shows up in the court at the requested time, they can't find my name. My attorney has been follow up with the DA for months afterwards but still no words at all.

Of course I am not guilty (at least what I think) becuase I never server any community service, never pay a fine to the court. The only thing I do is for the DMV and get the license back.
 
Did you sign any documents confirming you agreed with suspension?
Did you try to argue with them in court?
What state was it in?

As far as I understand they cannot suspend you license without either a court order or you pleading guilty.
 
As far as I understand they cannot suspend you license without either a court order or you pleading guilty.
Click to expand...
In CA, DMV DUI suspensions are automatic based on blood alcohol. (no court or anything) So the situation sounds feasible.
 
Hi,

It's in CA... and I have only deal with DMV so far as I need to have my license back.

I never attend the court and the DA (district attorney?) never send me / my attorney info to follow up either.

So my concern is will my DMV record affect my citizenship application? My attorney said since the court never charge me for anything, I am still "clear" and the only thing on my record is with DMV.

I hope this makes sense... thanks...
 
Why dont you get a DMV report to see if there is a record? There may be nothing there.

s2kjai said:
Hi,

It's in CA... and I have only deal with DMV so far as I need to have my license back.

I never attend the court and the DA (district attorney?) never send me / my attorney info to follow up either.

So my concern is will my DMV record affect my citizenship application? My attorney said since the court never charge me for anything, I am still "clear" and the only thing on my record is with DMV.

I hope this makes sense... thanks...
Click to expand...
 
It's on my DMV record with no doubt.

So my DMV record should have no effect to my immigration status?
 
In case you never admitted you committed DUI and no court convicted you, and provided you believe you are innocent, you might have as many DMV DUI violations as possible, provided you pay all your tickets in full, and still you could be eligible for all possible immigration and naturalization benefits.
 
Even if you weren't convicted, you'll have to answer yes to the citizenship question: "Have you ever committed a crime for which you were not arrested?".

Be honest. You're not the only one to get a DUI. You should be OK.

mdh
 
Exactly.. I have already atteneded the class, pay the fine as requested by **DMV** and got my license back. Even my car insurance aware of this as the DMV needs me to have insurance at all time.

On the other hand, the court NEVER ask me to do anything as they never ask me to goto the court...


raevsky said:
In case you never admitted you committed DUI and no court convicted you, and provided you believe you are innocent, you might have as many DMV DUI violations as possible, provided you pay all your tickets in full, and still you could be eligible for all possible immigration and naturalization benefits.
Click to expand...
 
I have a court date at first. But when my attorney arrive the court house, he doesn't see my name on the list. He then contact the court and see what's going on and the court can't find my record either. My attorney has been follow up for months and I don't receive anything at all.


GotPR? said:
Don't you have to go to court anyway in case of
DUI in CA ?
Click to expand...
 
But if I am not convicted by the court... how can I say I committed a crime? I am not doing anything illegal or run away from the court.. in fact, they never contact me at all.... :confused:


mdh3000 said:
Even if you weren't convicted, you'll have to answer yes to the citizenship question: "Have you ever committed a crime for which you were not arrested?".

Be honest. You're not the only one to get a DUI. You should be OK.

mdh
Click to expand...
 
I just talk to my lawyer.. he said I am arrested but not convicted and I should have no problem when I file my citizenship.. is it correct?

thanks all for comment by the way..
 
s2kjai said:
I just talk to my lawyer.. he said I am arrested but not convicted and I should have no problem when I file my citizenship.. is it correct?
Click to expand...

You need to disclose the arrest, and then USCIS will want court documents certifying what happened to the charge.
 
When the time comes, mention it on your N-400 and you will know at your interview if it turns out to be a problem or not.

s2kjai said:
I just talk to my lawyer.. he said I am arrested but not convicted and I should have no problem when I file my citizenship.. is it correct?
Click to expand...
 
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