DUI Folks ..Log your concerns here

My case is similar to nj_dui and duiguy_recent: -

Charges - DUI, Reckless Driving
Location:- New Jersey
Date/Time:- Aug 14th, 2008
BAC - 0.17
Attorney - Hired
Payment - $3500 so far (max - $6000)
Case Status - Filed no guilty plea
Court Date - Keeps getting postponed...
Immigration Status - Green Card, expires in 2015

On the unfortunate night of arrest, I was taken to the station for an hour for the breath test, and then released. There was no finger printing done.

Please help me with these questions: -

1) I have to go to India for 10 days for a wedding. I have read mixed information about whether I can travel with my case still pending. My lawyer is not an immigration lawyer, and therefore I am not convinced when he says that DUI is not a crime or misdeamonour in NJ, and therefore, there should be no problem at the POE. I have read mixed information on the forums, and therefore, ask you to help me. Is it OK for me to travel? What papers should I carry to be on the safe side.

2) Are the DUI court date postponements a good or a bad sign for the final verdict? Would this incident bar me from citizenship, if I decide to file next year after my case is closed either way?

Thanks,
 
Thanks for the reply duiguy_recent.So can I get court deposition letter and NOC as soon as I get my license back or do I have to wait until I am done with IDRC classes? And I guess we have to 'Yes' to a question regarding arrest in D156 form.
Thanks again.
 
Hey nj_dui_dude,

According to my research it's not a good idea to travel while your case is pending.But please check with immigration lawyer.
To answer your second question, I think nobody can win a DUI case. I mean you have all the evidence against you.So I think there is no point to fight. If you plea guilty now all the charges other than DUI will be dismissed.At least that's what I did in my case. And again it's my personal opinion.
 
hey nj_dui_dude,
0.17 is quite high. mine was 0.16. no chance of winning the case unless the stop was illegal. attorneys will suck all your money and time. i realized and i pleaded guilty at the end. just call your attorney and say i will plead guilty and get it over with....
 
nj_dui said:
Hi All,

My case is similar to duiguy_recent. I was pulled over in OCT 2008 in NJ for DUI. Got 2 other ticket with DUI. My BAC was 0.09.
This was my first offense. There was no accident or injury. I was taken to the police station and released after 2 hours.
Hired an attorney. Plea guilty in Nov 2008. Here's what I got:

- 3 months license suspension
- 12 hour IDRC classes.

I'll get my license back in FEB 2009.In DEC 2008 I got a letter from DMV asking to pay $200 for IDRC class fees which I did.
But I haven't received any update from DMV regarding IDRC class appointment . So I called up Trenton IDRC center and they told me
that there is a 5 to 6 month waiting for that.

I'm planning to go to India in March 2009. (Not for stamping). So my question is what if I go to India without completing IDRC classes?
Will I have any problem in POE? What are the documents I need to carry?

Should I consider myself little lucky as I wasn't finger printed at the time of DUI arrest?

BTW, I recently changed the company and applied for H1B Transfer/ Extension as well as H4 Transfer/Extension for my wife (In Dec 2008
after I got my DUI) and I got both approvals in first week on Jan 2009.

Please respond! Any help is greatly appreciated.

Thanks.
Click to expand...

So you had no probation or Fine. It is cool to drive then in NJ drunk.
 
that's right. there is no concept of probation officer in NJ which is good. Also, there is no concept restrictive driving in NJ which is bad.
 
Hey duiguy_recent,

Can you please let me know if I can get court deposition letter and NOC letter after I get my license back or do I have to wait until I am done with IDRC classes?
Thanks.
 
Court Depostion letter and NOC can be requested at any time once the case is closed. they don't have anything to do with IDRC classes. Court desposition letter can be obtained through your attorney
 
I have a job offer in Lockheed Martin. But will the background check prevent me because of DWI. Please let me know similar experiences.
 
Hello

nj_dui_dude said:
My case is similar to nj_dui and duiguy_recent: -

Charges - DUI, Reckless Driving
Location:- New Jersey
Date/Time:- Aug 14th, 2008
BAC - 0.17
Attorney - Hired
Payment - $3500 so far (max - $6000)
Case Status - Filed no guilty plea
Court Date - Keeps getting postponed...
Immigration Status - Green Card, expires in 2015

On the unfortunate night of arrest, I was taken to the station for an hour for the breath test, and then released. There was no finger printing done.

Please help me with these questions: -

1) I have to go to India for 10 days for a wedding. I have read mixed information about whether I can travel with my case still pending. My lawyer is not an immigration lawyer, and therefore I am not convinced when he says that DUI is not a crime or misdeamonour in NJ, and therefore, there should be no problem at the POE. I have read mixed information on the forums, and therefore, ask you to help me. Is it OK for me to travel? What papers should I carry to be on the safe side.

2) Are the DUI court date postponements a good or a bad sign for the final verdict? Would this incident bar me from citizenship, if I decide to file next year after my case is closed either way?

Thanks,
Click to expand...

Do not even dream of leaving the United States you will most likely be barred from re entry based on your pending predicament.I had a marijuana Citation in SC and my I751 is pending.My lawyer specifically explained that certain charges add up as points to excludability in re entering the USA.STAY PUT PLEASE.
 
nj_dui_dude said:
My case is similar to nj_dui and duiguy_recent: -

Charges - DUI, Reckless Driving
Location:- New Jersey
Date/Time:- Aug 14th, 2008
BAC - 0.17
Attorney - Hired
Payment - $3500 so far (max - $6000)
Case Status - Filed no guilty plea
Court Date - Keeps getting postponed...
Immigration Status - Green Card, expires in 2015

On the unfortunate night of arrest, I was taken to the station for an hour for the breath test, and then released. There was no finger printing done.

Please help me with these questions: -

1) I have to go to India for 10 days for a wedding. I have read mixed information about whether I can travel with my case still pending. My lawyer is not an immigration lawyer, and therefore I am not convinced when he says that DUI is not a crime or misdeamonour in NJ, and therefore, there should be no problem at the POE. I have read mixed information on the forums, and therefore, ask you to help me. Is it OK for me to travel? What papers should I carry to be on the safe side.

2) Are the DUI court date postponements a good or a bad sign for the final verdict? Would this incident bar me from citizenship, if I decide to file next year after my case is closed either way?

Thanks,
Click to expand...

"My lawyer is not an immigration lawyer" -
Simple solution - get an immigration lawyer that has experience with criminal cases - specifically DWI. Looks like you have already spent some money on a criminal lawyer that does not understand the immigration consequences of your crime. Getting advise on a forum is ok, but you have a criminal case pending and you need to get all the legal advise you can get. These forums should not be substituted for legal advise.
 
Hi,
I have the following question. In October 2008, I was arrested for DUI. It was the first offence. I am a F-1 student in US (I spent 5 years in USA). Right now, I am waiting for an ARD aprovement. The next court date is in March 2009 (I waived preliminary hearing).

I am going to Ottawa to renew my F-1 visa, since I do need to travel right now. What are possible problems I can face? Delays? Problems at the POE? I have heard that I need to visit a panel physician. How long does it take? I appreciate any help, since it is very important for me and might affect my career. Thank you!!!!
 
HI All - What a forum.
Ive recently returned from the USA and stupidly got a DUI 0.9 (0.8 Limit ). I got released no court appearance required a $1000 dollar fine. I presume i cannot re enter the USA on the automatic visa waiver program and will have to apply to the embassy for a visa. Has anybody else been through this process, is it simple interview in london and then a visa given for 5 years etc etc, or will have a trouble regaining entry into the USA. Any thoughts would help cheers tim
 
Insurance after DUI

So yesterday I got mail from my current insurance company (CURE) that they are terminating my policy at the end of month April because of my DUI. Now I'll have to look for other insurance company which can provide me the insurance at reasonable rate.Can tou guys please suggest me a good
company based on your experience?

Any help is greatly appreciated.
 
TagoKumar,

Thanks for your reply. I'm going to check with geico and Progressive.Yesterday I asked my DUI lawyer about this and he suggested me to talk with paip producer in my area. So I am very confused now. Is it better to go to geico, Progressive , state farm ? Or is it better to take insurance from paip producers? Anyone in the same situation? Please help me out here.

duiguy_recent : what is your situation regarding insurance?
 
duiguy_recent said:
I am in the same boat as you are. I am still waiting on my H1 Extension approval which i applied for in NOV 2008. As far as your case documents are, i think a court deposition letter which says the case has been closed, and NOC from your local county police dept and a letter from your attorney and all the fee receipts....In New jersey DUI is considered as a motor vehicle offense, not even a misdemeaour..so i don't see any issues at POE. The big question even i have is what should we say in the form D6 for the question Have you been arrested or convicted since we are not finger printed?
Click to expand...

Thanks for the reply. Same case- 1st DWI in NJ..paid fines, attended IDRC, got my license back after 3 months suspension
Questions-
a) What is the procedure to obtain NOC from local county police dept?
b) What is the procedure to obtain court deposition letter from local court and the letter from the attorney.
c) Most importantly- what should i answer on the form 485 (for immigration) and DS 156 (for H1 renewal) which says have you ever been arrested for any crime excluding traffic violation? FYI- A DWI in New Jersey is not a felony. Unlike other states, New Jersey does not use the terms felony and misdemeanor. A DWI is a motor vehicle charge and is considered a
quasi-ciminal charge and it goes in the motor vehicle records database, which is a separate database and NOT in the criminal record database.


Would appreciate your response on this.
Thank you

Vineet
 
nj_dui said:
TagoKumar,

Thanks for your reply. I'm going to check with geico and Progressive.Yesterday I asked my DUI lawyer about this and he suggested me to talk with paip producer in my area. So I am very confused now. Is it better to go to geico, Progressive , state farm ? Or is it better to take insurance from paip producers? Anyone in the same situation? Please help me out here.

duiguy_recent : what is your situation regarding insurance?
Click to expand...

i was in geico before DWI..dey denied the ins. after tht..and i switched to progressive..i almost paying double as compared to what i was paying to geico earlier...do a search online and call a progressive agent near you..tell him the scenario..he would tell you the exact amount..hope it helps..good luck!
 
Thanks Vineet for your reply. I just talked with geico about the quotes and to my surprise they offered me at a decent rate. So I'm gonna go with geico. You know funny thing is I was insured with geico 2 years back then I changed to cure and now here I'm again with geico.

And to your question to duiguy_recent about court disposition letter: you can go to the court where your case was handeled and at the clerk's office you can get the disposition letter. Just ge there and ask for it. It hardly takes 15 mins for them to prepare it.I got mine sometimes back from Woodbridge court . They charged me $10 fot that. And you can get the NOC letter from local police station. Good Luck.
 
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