Charges - DUI, Reckless Driving
Location:- New Jersey
Date/Time:- Nov 5th, 2007 /1.30AM
BAC - 0.16(Can't remember exactly-somewhere close but not more than that)
Attorney - Hired
Payment - $3500 so far (max - $6000)
Court Date - Attorney says we are at the mercy of the court....no date yet
On the night of the incident:-
1) pulled over for driving on the wrong side of the road
2) arrested, was taken to the jail, took breath test, let free after 2 hrs
Case Status - Filed no guilty plea
Visa Status - H1B, expires in July 2008
H1B Status - expires in Jan 2009
Job Profile - software consultant(contractor)
Job Location - Changes from contract to contract
Residence - No Permanent Residence(currently- new jersey)
Drivers Licence - Illinois Drivers license
Age - 30
marital status - single(before dui was planning to get married in early 2009)
looks like i am in a big mess now
Present Contract expires - Feb 2009
Please help me with the following questions. your feedback would take off a lot of stress of me.
1) What if i can't find a contract in new jersey and had to move a different state after my contract expired? does the court going care about my situation?
You should try and get the court process expedited based on your concerns. It might be difficult to get the case moved to a different county or state. One way to expedite, of course, is to plead guilty. Not a course of action I'd recommend unless your attorney thinks you have no chance of winning or getting a reduced plea (which is often the case in DUI cases).
2) Can i travel outside the country(india) meanwhile(before the court date), as of now the court date could take months?
Technically, you can and by the letter of the law, the POE officer has to let you back in. However, this is a way of inviting trouble as many POE officers will hassle you when you are trying to come back in with a pending criminal case. They might even deny you entry. If you have to apply for a visa while outside the country, I would even more strongly encourage you to close the court case before traveling.
3) As my visa is expiring(if i don't get court date till then), can i go to mexico or canada for stamping?
Canada does not allow in those with a DUI in the past 5 years, after which you can go through a special rehabilitation process by paying a fee. I would rule Canada out. On Mexico vs. India: I'd recommend India. There is strong precedent for many people with a 1st DUI getting visas approved in India, and plus, if something goes wrong at least you are home and can file appeals etc from there. If the American consulate in Mexico denies your visa, you will have a more difficult time filing the correct appeals etc.
4) For how many years DUI going to be on your record? does DUI expungement process would be helpful in anyway?
Depends on the state -- many states allow expungement after the probation period is over. The probation period depends on your sentencing and on the state statutes, but it is typically 1 - 3 years in a DUI case. Expungement allows you to then legally answer "no" to a question about whether you have been arrested or convincted on all private job applications etc. However, from an immigration standpoint, expungement doesn't help since you still have to answer "yes" to such questions on all forms by the government, including INS forms. Even for private jobs, expungement is of limited value (see my answer to background check below)
5) Is my DUI record going come in employers BACKGROUND check? is there a way to avoid that?
Yes, this will show up on employer's background checks. Expungement may prevent the court record from showing up, but the DMV record showing the DUI on your driving record will probably show up for the next 7-10 years, depending on the state. Even the expunged court record could follow you around. Since many employers use a private agency to do background checks, these private agencies' databases usually scan the court records every month. While your record is active, it will probably pick up your conviction now, and then not erase it when the record is expunged.
As a previous poster recommended, the best way to treat this on job applications is to be upfront about it. Ask to meet with a businessperson (not an HR person) after you get the offer, and mention, without making a big deal of it, "You will find a perfectly clean record on the background check except for one DUI in 2007 in NJ. It was poor judgment, I had had 1 or 2 drinks socially, and had a low BAC (if this is true)." I am not sure what most employers in your field will do. In many fields where driving is not part of the job, many employers will still hire you. Some percentage of employers may have an HR policy not to hire anyone with a criminal conviction in the past 5 yrs where you will not get the job. In certain other case, if you are borderline, this information might make them reject you and give the job to someone else instead. So, wait until after you have the offer to volunteer this information. No employer runs a background check until after the offer is extended, so this should be a safe strategy. Most employers cannot legally rescind an offer because of a criminal conviction that doesn't affect your performance on the job, but it remains a risk. One more thing to worry about in what is probably already a very competitive job search. Good luck!
6) In these kind of cases, does having a good attorney or bad attorney really matters?
Yes. A good attorney who is familiar with the local courts can assess your case and advise you on whether you can take it to trial and beat the charge entirely, or get the charge reduced to reckless/negligent driving, or at the very least, help you tailor the process to suit your circumstances -- e.g. set an early court date, get a reduced sentence with no jail time etc. So yes, please invest in a good attorney -- this can make a big difference in the outcome or at least to your peace of mind during the process.
7) I am not happy with my attorneys response. i have no idea what's going on with my case. everytime time i call he would say, he would update me if anything changes. i am getting really frustrated. what do
Doesn't sound like you have great representation. You can check certain websites that list the best DUI attorneys in the country by state, or do some Google searches for good DUI attorneys in your area. I would then call each of them, and then interview them in person before making a choice.
you guys recommend? do i have to change my attorney?
8) how long would it take to get a court date after the dui incidient? is there any time period?
Depends on the county, and the procedures and backlog there. Sorry can't be more helpful here.
On a final note: I have been through this experience last year in a similar situation to yours. It is frightening, especially for those of us with immigration angles to worry about. All I can say is stay calm, and go through the steps. Eventually, mostly everything will work out. It can be a stressful period, so turn to friends and family and other things that can help you navigate these waters safely. Good luck!