Is "driving with suspended license" a crime?

Status
Not open for further replies.
GreenCardVirus
Go ahead and good luck to you!
Oh another thing, there are 1000's of people who are stuck for more than 1800 days
Does that make it right? :confused:
There was this guy from India who was bad mouthing and threatned the President in his post. He is being prosecuted now.
You're really confused: you do not see the difference between stating your opinion and threatening. In fact, it's you who is threatening me. :D Again, good luck!
 
OK. For those particulary touchy, I change my signature, which, however, does not affect my belief that INS = Gestapo. :D
 
GreenCardVirus said:
I know reality hurts.

Anyways, I reported you to the Admins of this forum. It is matter of time before they ban you.

There was this guy from India who was bad mouthing and threatned the President in his posts in some public forum. He is being prosecuted now.

Oh another thing, there are 1000's of people who are stuck for more than 1800 days, not everyone is showing frustation like you in a public forum.
Click to expand...

Look,

One of the good things about America and American people is you will see lines in grocery store, cinema, restaurants... even bathrooms. When you go to Wal-Mart and want to return 50 items, the customer service guy asks the shopper behind you who is returning only one item to come first. When you ask why, he says he just feels it is easier and quicker to handle him. This is just exactly happening in USCIS. There are some people, whose name is common, or just unlucky, their cases stuck not because of their own fault, but because USCIS wants to do easier work first and patently refuse to deal with them. All they need to do is to use extra time and effort, but they won't . Until lawsuit is filed, and they must account for what they do to the judge. It is pathetic.
 
DWI is not a crime of moral turpitude, you should be fine. I do not think you can get deported for driving after revocation. Don't stress out about it too much!!!!
 
tanya2006 said:
DWI is not a crime of moral turpitude, you should be fine. I do not think you can get deported for driving after revocation. Don't stress out about it too much!!!!
Click to expand...

Just a little correction. DWI is not a CIMT, only if it is first time and it is not an aggravated DWI (aggravated if BAC >= 0.15 against a legal limit of 0.08).
 
Driving with a suspended or revoked license is usually considered a crime that carries a heavy fine and possibly even jail time. At worst, it may be a felony; you could end up in state prison or with an obligation to perform many hours of community service. The penalties will probably be heaviest if the suspension or revocation was the result of a conviction for driving under the influence of alcohol or drugs (DUI).
What are the driving laws in my state? Check this.....esp the DRUNK DRIVING LAWS, Seat belt laws, primary enforcement, fines etc...

http://www.iii.org/individuals/auto/a/stateautolaws/?table_sort_746276=4
 
Last edited by a moderator:
Thanks guys.

I got an email from NY state assistant attorney. Since I pled guilty of 509.1. It is NOT a crime, simply a traffic violation:

509.1 is not a misdemeanor, it is an infraction, equivalent
to a penal law violation (classifications of offenses under NYS Penal
Law starts at violation, then misdemeanor, then felony). The
importance of the distinction is that unless you have been convicted
of a misdemeanor or felony, you have not been convicted of a crime (a
violation is considered an offense, not a crime).

While section 509 doesn't explicitly state the classification of a
violation of 509.1, see 509.11:

"A violation of any provision of this section shall be punishable
by a fine of not less than seventy-five nor more than three hundred
dollars, or by imprisonment for not more than fifteen days, or by both
such fine and imprisonment except, if the violation consists of failure
to renew a license which was valid within sixty days, the fine shall be
not more than forty dollars, and except that a violation of subdivision
seven or eight of this section shall be punishable by a fine of not more
than seventy-five dollars." http://caselaw.lp.findlaw.com/nycodes/c128/a36.html

15 days imprisonment is the sentence for a violation, not a misdemeanor.

511.1, as noted, is a misdemeanor. It's considered an "unclassified"
misdemeanor, in that the Vehicle and Traffic Law specified it as a
misdemeanor, but the potential sentence does not comport to the legal
sentences prescribed for a class A misdemeanor (up to a year) or a
class B misdemeanor (up to 90 days):

"Aggravated unlicensed operation of a motor vehicle in the third
degree is a misdemeanor. When a person is convicted of this offense, the
sentence of the court must be: (i) a fine of not less than two hundred
dollars nor more than five hundred dollars; or (ii) a term of
imprisonment of not more than thirty days; or (iii) both such fine and
imprisonment." http://caselaw.lp.findlaw.com/nycodes/c128/a39.html

511.2 is also an unclassified misdemeanor punishable by up to 6 months in jail:

"Aggravated unlicensed operation of a motor vehicle in the second
degree is a misdemeanor. When a person is convicted of this crime under
subparagraph (i) of paragraph (a) of this subdivision, the sentence of
the court must be: (i) a fine of not less than five hundred dollars; and
(ii) a term of imprisonment not to exceed one hundred eighty days; or
(iii) where appropriate a sentence of probation as provided in
subdivision six of this section; or (iv) a term of imprisonment as a
condition of a sentence of probation as provided in the penal law and
consistent with this section."

511.3 is a class E felony punishable the same way as a Class E felony
under the penal law, by a max of 1 1/3 - 4 years incarceration:

"Aggravated unlicensed operation of a motor vehicle in the first
degree is a class E felony. When a person is convicted of this crime,
the sentence of the court must be: (i) a fine in an amount not less than
five hundred dollars nor more than five thousand dollars; and (ii) a
term of imprisonment as provided in the penal law, or (iii) where
appropriate and a term of imprisonment is not required by the penal law,
a sentence of probation as provided in subdivision six of this section,
or (iv) a term of imprisonment as a condition of a sentence of probation
as provided in the penal law."
 
I do not think this is going to be a problem for you.

But since you were worried enough (rightly so) to make a post about it, pay an immigration attorney to analyze the situation for you. Do not rely on the uninformed analysis of strangers whom you never met.

remember better be safe than sorry.
 
kiev said:
I do not think this is going to be a problem for you.

But since you were worried enough (rightly so) to make a post about it, pay an immigration attorney to analyze the situation for you. Do not rely on the uninformed analysis of strangers whom you never met.

remember better be safe than sorry.
Click to expand...

Thanks. I asked the New York State Attorney Office and posted his email above.

I am only worried because I do not want AUSA to attack my complaint. I think my complaint in S.D.N.Y. is crystal strong.

I don't trust attorneys and I found some of them knowing less than I do, seriously.
 
Last edited by a moderator:
Morning said:
wanttobefree (You don't feel free, do you?)
GreenCardVirus
Educational piece especially for you two. Read this and think:
http://www.humanrightsfirst.org/refugees/reports/refugee_women.pdf
http://www.humanrightsfirst.org/asylum/libertys_shadow/Libertys_Shadow.pdf
Click to expand...

1. After getting my Green Card, now I do feel free. At least, much freer than before. However, I don't understand the point of your question.

2. I see you have removed "INS=Gestapo" from your signature. That's a wise step.
 
Morning said:
wanttobefree (You don't feel free, do you?)
GreenCardVirus
Educational piece especially for you two. Read this and think:
http://www.humanrightsfirst.org/refugees/reports/refugee_women.pdf
http://www.humanrightsfirst.org/asylum/libertys_shadow/Libertys_Shadow.pdf
Click to expand...

I actually do not have time to read all of those 94 pages (together). But one of the titles "U n f a i r U . S . L a w s H u r t A s y l u m S e e k e r s" already speaks itself.

I sure don't know your particular case but I do understand that you have been waiting more than others and that somehow justifies your reaction (it, however, does not justify calling INS Gestapo).

Nevertheless, comparing US Laws for Asylum Seekers (in genereal, with some exceptions) with other countries (for example in Europe), here, in US, it's uncomparably fairer.... In most of other developed countries it is almost impossible to get an asylum status or it is really hard...
 
Morning said:
wanttobefree (You don't feel free, do you?)
GreenCardVirus
Educational piece especially for you two. Read this and think:
http://www.humanrightsfirst.org/refugees/reports/refugee_women.pdf
http://www.humanrightsfirst.org/asylum/libertys_shadow/Libertys_Shadow.pdf
Click to expand...

I read parts of the articles. I guess we are on same footing when we look at the humane aspect of the story.

I dont understand one thing. Exactly what do you expect the US Government to do when someone lands here and asks for asylum?

On a side note, it completely surprises me to see how well some of the asylum seekers write and express. Them seem so well educated that it makes it hard to believe they are asylum seekers.
 
wanttobefree
After getting my Green Card, now I do feel free.
What I meant is your screen name speaks for itself and at some point you did not feel free. Here's where I am.
I see you have removed "INS=Gestapo" from your signature.
As I said for those particularly touchy. My beleif remains unaffected.
but I do understand that you have been waiting more than others and that somehow justifies your reaction
It is not the longer wait what makes me angry. There's a lot more to that and I have no desire to discuss it publicly.
GreenCardVirus
Exactly what do you expect the US Government to do when someone lands here and asks for asylum?
Abide by the international law and not treat asylum seekers like criminals. Is that too mach to ask for?
On a side note, it completely surprises me to see how well some of the asylum seekers write and express. Them seem so well educated that it makes it hard to believe they are asylum seekers.
How many asylees and asylum seekers do you know personally? I have met a few dozen, so far. Most of them have, at least, Master's degree. So, what you're saying is arrogant sterotyping.
 
Morning said:
How many asylees and asylum seekers do you know personally? I have met a few dozen, so far. Most of them have, at least, Master's degree. So, what you're saying is arrogant sterotyping.
Click to expand...

How did someone well educated end up seeking asylum? unless they mastered to manipulate the system? My question is that if the conditions are so bad in their home country, how in the first place did the get such good education.

No I am not stereotyping, life experiences taught me not to.

People in all types of immigration (employment, family, asylum) manipulate the system to get their way, but I think there is lot of manipulation in Asylum Cases. This leads to USCIS/Immigration/Check Post officials/Judges to be a lot more suspicious of those seeking asylum.

One more thing, about the articles you attached, they never mention how the people who landed seeking asylum hopped on to an airplane (or ships). From where I come from, people cant even enter airports without a valid visa/ticket.
 
GreenCardVirus said:
How did someone well educated end up seeking asylum? unless they mastered to manipulate the system? My question is that if the conditions are so bad in their home country, how in the first place did the get such good education.

No I am not stereotyping, life experiences taught me not to.

People in all types of immigration (employment, family, asylum) manipulate the system to get their way, but I think there is lot of manipulation in Asylum Cases. This leads to USCIS/Immigration/Check Post officials/Judges to be a lot more suspicious of those seeking asylum.

One more thing, about the articles you attached, they never mention how the people who landed seeking asylum hopped on to an airplane (or ships). From where I come from, people cant even enter airports without a valid visa/ticket.
Click to expand...

I don't know which country you are from, but in my country whenever there is a new regime, old loyalists kill doctors, scientists, bankers. They know without those people the new regime can't survive. Who cares about cheap labors? You can import whole bunch somewhere else.
 
wanttobefree said:
1. After getting my Green Card, now I do feel free. At least, much freer than before. However, I don't understand the point of your question.

2. I see you have removed "INS=Gestapo" from your signature. That's a wise step.
Click to expand...

I am sorry but INS IS GESTAPO. At the beginning of this year I had U.S. State Department write them a letter, asking for expedition. They can't deny it, but they can ignore it. Only after I filed lawsuit, they know they have to account for all these to federal judge, they approved it in one month.

How pathetic.
 
ernorman said:
I don't know which country you are from, but in my country whenever there is a new regime, old loyalists kill doctors, scientists, bankers. They know without those people the new regime can't survive. Who cares about cheap labors? You can import whole bunch somewhere else.
Click to expand...

Can you name any of such countries? I can understand this thing happens in some of those troubled north/west African nations.
 
ernorman said:
I am sorry but INS IS GESTAPO. At the beginning of this year I had U.S. State Department write them a letter, asking for expedition. They can't deny it, but they can ignore it. Only after I filed lawsuit, they know they have to account for all these to federal judge, they approved it in one month. How pathetic.
Click to expand...

Do you understand what Gestapo is? If INS was Gestapo they would simply put you, me and other non-anglo-saxons asylum seekers into concentration camps and kill us eventually...

What you are describing (if it is true) explains that INS did some wrongdoings but eventually they approved your case (instead of putting you into a conccamp) So you need to find another adjective to describe INS, defenetly not Gestapo.
 
wanttobefree said:
Do you understand what Gestapo is? If INS was Gestapo they would simply put you, me and other non-anglo-saxons asylum seekers into concentration camps and kill us eventually...

What you are describing (if it is true) explains that INS did some wrongdoings but eventually they approved your case (instead of putting you into a conccamp) So you need to find another adjective to describe INS, defenetly not Gestapo.
Click to expand...

Oh, so this is not Gestapo? INS made me stay in limbo for almost 5 months since I resigned from my ex-job, thinking that they will listen to another department of U.S. government. The fact is that they don't give a damn to ANYONE.

If I have ever had a patient from INS who is in life-or-death situation, I am going to say, "look, your ND is 2006, there are a lot of people waiting before you and you have to just wait, wait, wait...."

I will love to have their job one day. You know, their job is so easy, otherwise you can not explain why it is suddently a piece of cake after you sued them. If they ever do something wrong, they get U.S. attorney to defend them, for free. How pathetic.
 
Status
Not open for further replies.
Top