quote:

I hope the OP clearly understands that there's little use in discussing the details of a trial because they have no impact on immigration matters. Maybe he feels compelled to discuss his trial and doesn't mind spending time doing that, but these issues immaterial in the context of immigration.

People shouldn't intrude in things that are none of their business.

And sorry to digress but yes, they DO have an impact on immigration matters. Ever heard of the rest. order that was issued by a State Court, then used later to accompany a VAWA waiver?

How the DUI case is resolved is irrelevant. Talking about discovery, testimony, arrest reports and entry appearances is immaterial to the immigration issue. What really matters here is the ROC, or in plain words, the charge of conviction, the verdict or plea agreement, and the sentence.
-THIS IS NOT LEGAL ADVICE-

So it does play a part after all.

quote:

Who's decision was it to have the case continued?

Who can give decision in municipal court? Judge.

quote:

Originally posted by Houston:
I hope the OP clearly understands that there's little use in discussing the details of a trial because they have no impact on immigration matters. Maybe he feels compelled to discuss his trial and doesn't mind spending time doing that, but these issues immaterial in the context of immigration.

-THIS IS NOT LEGAL ADVICE-

You are right Houston. It's useless to discuss trial. I will post the results here once I am done with it.

As long as your sentence in the DUI is less than 1 year (365 days) it will not be a felony.
Probation has also to be less than 365 days.
Go to DUI Classes. You should be able to get restricted driving permission for back & forth to work.
My advice Do Not Do it again, otherwise you will have a very hard time with your citizenship!
-This is not legal advice-

OK, the information given here is dangerously wrong. Probation is not a "sentence imposed" as the concept relates only to actual incarceration. Any time served in prison as a condition of probation does constitute a sentence though.

In Leocal, the Supreme Court confirmed the opinion of most Appeals Courts and established that DUI is not a crime of violence and therefore, even felony DUI, cannot be an aggravated felony.

The poster should consult with an attorney.

-THIS IS NOT LEGAL ADVICE-

Any word from the late Mr. Bon Scott himself, the OP?

For those who are following my case:-

I just came from the court. We received the discovery, in which the actual report was different than the facts happened that night. It’s good for me that they do have the videotape on me. I paid for the video tape yet to come. My lawyer discussed the whole case with prosecutor providing the expert’s reports and there definitely are some issues. In court room the case went for adjunment until the video tape is received and an expert opinion is available. According to lawyer the case will not be resolved until January 2007 because of holidays. At this point, I am waiting for the video tape and next court date.

I have received the videotape. After watching the videotape, my lawyer filed motion of suppression and case dismissal and sent the video tape for the expert’s opinion. One thing I liked about my lawyer was honesty. He clearly told me that my case did not look strong enough to get through without deep investigation and fight based on report only but after receiving the tape and huge discrepancies between report and videotape, he went for motion of suppression and dismissal of complaint. I will write the final verdict once I am done with it.

I am done with my DUI case and never getting it again. Final resolution – My DUI charges were dismissed but guilty of refusal to submit breath test. I will not have DUI on my record. Since refusal to submit breath test is not a crime but merely implied consent violation it will not be on my background check or anything but DMV record only. Administrative (Not criminal) suspension is for 7 months in New Jersey without any probation or community service. My Connecticut driver’s license will not be suspended because of out of state refusal without DUI conviction. I can drive anywhere with my valid CT driver’s license except New Jersey. I don’t need to drive in NJ as I live in CT. Thanks everyone for helping me out with this terrible experience.

Who cares? Now, with that being said:

Isn't "refusing to a breathalizer test" the same as "admitting being drunk?"

quote:

Isn't "refusing to a breathalizer test" the same as "admitting being drunk?"

It isn’t the same. Different states have different laws and I have no motivation to explain it here. It’s over that’s what matters the most.