Announcement

Collapse
No announcement yet.

Please help with DUI

Collapse
X
  • Filter
  • Time
  • Show
Clear All
new posts

  • Please help with DUI

    I recently got DUI in NJ. Can anyone help me with finding the right lawyer? what should I do now ? what are the consequences for DUI in NJ? Will they suspend my driver's license I have to drive to my work. this is my first offense. Do they put you in jail in NJ for first DUI? How will it affect on my citizenship application. Please help me with all these question. I am feeling down and depressed with all this DUI mess. I am never ever driving while drinking. Please help.

  • #2
    I recently got DUI in NJ. Can anyone help me with finding the right lawyer? what should I do now ? what are the consequences for DUI in NJ? Will they suspend my driver's license I have to drive to my work. this is my first offense. Do they put you in jail in NJ for first DUI? How will it affect on my citizenship application. Please help me with all these question. I am feeling down and depressed with all this DUI mess. I am never ever driving while drinking. Please help.

    Comment


    • #3
      Hey lookingforhelp, I'm not sure about DUI but if you're looking for a lawyer why don't you try http://www.wilensandbaker.com/index2.htm they specialize on criminal defense and immigration they are located on 34th st. and 7th ave across the street from Macy's Herald Square in NYC. Hopes everything workouts for you.

      Comment


      • #4
        <BLOCKQUOTE class="ip-ubbcode-quote"><div class="ip-ubbcode-quote-title">quote:</div><div class="ip-ubbcode-quote-content">I recently got DUI in NJ. How will it affect on my citizenship application. </div></BLOCKQUOTE>

        How 'bout asking yourself: could I have killed an innocent bystander? Could I've crashed into another car? Could I've killed a mother and her month old child? Could've I killed MYSELF? Crippled for life?

        Hopefully, your application won't be approved.

        I'll keep my fingers crossed.

        Comment


        • #5
          Thank you for good advices and wishes. Your anger is natural and I am not offended by it. I might be buzzed but not even close to drunk. I understand the worse outcomes of drunk driving and am never drinking anymore that I used to drink once in 2 or 3 months. Everyone makes mistakes and I am ready to accept the consequences if proven guilty but I sincerely believe that someone who might rarely drink 3-4 beers in 2 or 3 months at social gathering, deserves one chance. It is not uncommon to make mistake but to repeat it is stupidity. Anyways, thanks for your wishes.

          Comment


          • #6
            <BLOCKQUOTE class="ip-ubbcode-quote"><div class="ip-ubbcode-quote-title">quote:</div><div class="ip-ubbcode-quote-content">I might be buzzed, but not even close to drunk. </div></BLOCKQUOTE>

            Please let me know how the judge assigned to your case responds to that. Other examples include:

            I might put a doobie in my mouth, but not even close to inhaling on it.

            I might have o*al *ex performed on me, but not even close to real *ex.

            <BLOCKQUOTE class="ip-ubbcode-quote"><div class="ip-ubbcode-quote-title">quote:</div><div class="ip-ubbcode-quote-content">I understand the worse outcomes of drunk driving and am never drinking anymore that I used to drink once in 2 or 3 months. </div></BLOCKQUOTE>

            There's a difference between "understanding," "realizing" and "applying."

            Then there's that fourth one that everyone just hates, "dying."

            And assuming 3-4 beers is all you had when you got pulled over the other night: what was the police's reason for doing so?

            You know what? Sometimes I don't drink for 2-3 in a row. But then, when I do, I make up for the lost time in one night.

            <BLOCKQUOTE class="ip-ubbcode-quote"><div class="ip-ubbcode-quote-title">quote:</div><div class="ip-ubbcode-quote-content">Everyone makes mistakes and I am ready to accept the consequences, if proven guilty. </div></BLOCKQUOTE>

            Now tell me truth. When you got pulled over, innocent or guilty?

            <BLOCKQUOTE class="ip-ubbcode-quote"><div class="ip-ubbcode-quote-title">quote:</div><div class="ip-ubbcode-quote-content">I sincerely believe that someone who drinks 3-4 beers every 2 or 3 months at social gatherings, deserves one chance. </div></BLOCKQUOTE>

            Nobody has argued that point.

            But your incident, as it relates to immigration, forget about it. Immigrants have one and only one opportunity to make it. And to make it, you have to have a PERFECTLY CLEAN record in anything and with everything you do.

            Now, let's assume I am the immigration officer in charge of your case. You, the immigrant applying for benefits, gets drunk one night and kills an innocent American Citizen.

            What should I do with you AND your benefits?

            Comment


            • #7
              What benefit is there to talk about things that never happened? I don't have to write a *** story to justify myself before you. Thanks for your opinion and views. Good luck and good bye. Your replies will not be answered from now on-)

              By the way, I consulted an immigration lawyer who deals with criminal offenses. In most states, DUI is an criminal offense which is listed as misdemeanor if ïƒ*

              1. There is no accident involved.
              2. You did not hurt another person
              3. You did not damage public or private property.

              If any of above is involved with DUI it will be a felony. 2nd DUI is always a felony. In background criminal check DUI will show up, in NJ it's a serious traffic violation. It is not considered as criminal offense and does not come in any kind of criminal records. Misdemeanor does not automatically disqualify you from any kind of immigration benefit; felony does. You can not apply for any kind of immigration benefit while you are on probation period which will be 3 months in NJ for first DUI. Once your probation period is over; it will be counted towards good moral character period for naturalization. There will be an extensive background check to see if there are any other criminal violations when applying for N-400. People have gotten H1B stamp renewed, greencard processed and citizenship with one DUI. If someone genuinely gets in trouble; next time you can help them with this information from a lawyer instead of increasing their problems.

              Comment


              • #8
                <BLOCKQUOTE class="ip-ubbcode-quote"><div class="ip-ubbcode-quote-title">quote:</div><div class="ip-ubbcode-quote-content">How will it affect on my citizenship application? </div></BLOCKQUOTE>

                I will give you props just for doing the research and/or consulting an atty. so you could help yourself get you out of the mess you made and find out what some of the different options available are that will not affect your Citizenship benefit.

                But still, the true, cold hard fact is: you can kiss your Citizenship benefit's sweet little butt goodbye. I hope you realize that driving with alcohol in your system is something the US doesn't take too lightly.

                But wait, I forgot you're NOT from the US, which is why you could care less about following US laws and drive drunk. Hell, if you get caught, you'll just go back home! What a punishment. Mom's old cooking, the boys in the corner, the girls you've been doing since young and will keep doing until one of you two die, etc.

                Wadda you have to lose?

                <BLOCKQUOTE class="ip-ubbcode-quote"><div class="ip-ubbcode-quote-title">quote:</div><div class="ip-ubbcode-quote-content"> If someone genuinely gets in trouble; next time you can help them with this information from a lawyer instead of increasing their problems </div></BLOCKQUOTE>

                Whoa! Where did that come from? All of a sudden caring for other people's well-being that is. The police must've scared the sh*t out of you!

                YOUR replies will not be answered from now on.

                :-)

                Comment


                • #9
                  This discussion is a little strange as it relates to an issue I thought was long settled. Anyways, DUI is NOT a CIMT, and DUI is NOT a 16a CV. If you were to apply at some consulate, you simply could not be denied because of the DUI. Since AOS involves the exercise of discretion, evidence of "rehabilitation" is usually required. That's simply the facts. DUI is a regulatory offense, there's no intent required to satisfy the statute. Multiple DUI convictions may trigger a re-examination to discover a mental disorder (alcohol addiction) with a connected violent behavior; but this condition must be present or likely to re-occur.
                  Again, a single DUI conviction (outside of those famous AZ statutes) shouldn't be a big problem for the applicant. A pattern of DUI however, may trigger the health grounds and even a denial (unlikely) as a matter of discretion.
                  CIS does not apply the "what if" scenario most people apply here; in fact, the only "what if" that's allowed is a consideration of "THE MINIMUM CONDUCT THAT CAN VIOLATE A STATUTE" and that conduct must involve removal or inadmissibility for the conviction to involve removal or admissibility. Again, it's the "statute" and not the "conduct" that triggers immigration consequences.
                  The so called "categorical analysis" is quite effective and precise, and there's almost a hundred years of case law defining moral turpitude.
                  In Torres-Varela, the IJ granted adjustment based on an I-130 regardless of three DUI convictions. The case went to the BIA when the CIS appealed mentioning that a third DUI is a CIMT. The BIA applied categorical analysis and decided it is not. This is just an example. BTW, DUI shouldn't even be an issue for naturalization.
                  However, the OP should contact an attorney, it's always a good idea to obtain representation when dealing with convictions and immigration law. This post is only a comment aimed to encourage the OP to obtain the legal help he requires.
                  - THIS IS NOT LEGAL ADVICE-

                  Comment


                  • #10
                    Houston, much appreciated advice.

                    You just told they guy that he still will get away with murder, which in turn will only make him disrespect our laws even more!

                    Comment


                    • #11
                      I only stated what case law tells every person willing to do even superficial research. Also mentioned is that a pattern of DUI and continuous disrespect for the law triggers grounds for denial as a matter of discretion. These opinions are not mine, but the opinions of the BIA and even the U.S. Supreme Court.
                      My personal sentiments about the law and a particular offense are irrelevant here, this is a matter of law.
                      -THIS IS NOT LEGAL ADVICE-

                      Comment


                      • #12
                        I agree that DUI is not a CIMT.

                        Regarding the N-400, they will probably hold off on making a final decision until you have finished dealing with the DUI conviction. i.e. if you have probation, you'll have to complete that before they grant you citizenship.

                        Comment


                        • #13
                          Thank you Houston and Keh for your inputs. You both have reconfirmed the facts I was told by an attorney. I don't feel the need to reply to the retarded person who does not only provide wrong and unlawful information to misguide other people but also sees the world black and white; enough said.

                          Comment


                          • #14
                            well hell, now that you 'know all the answers" why not celebrate and go out for a drink? Then, drive home...what a dufus you are....I hope they ship your drunken a$$ back to wherever you came from....bartender...another shot of whiskey for the foreigner!!

                            Comment


                            • #15
                              If you can not read or comprehend English, it's not my fault. Who is dufus here? Read the first post again. Period.

                              I recently got DUI in NJ. Can anyone help me with finding the right lawyer? what should I do now ? what are the consequences for DUI in NJ? Will they suspend my driver's license I have to drive to my work. this is my first offense. Do they put you in jail in NJ for first DUI? How will it affect on my citizenship application. Please help me with all these question. I am feeling down and depressed with all this DUI mess. I am never ever driving while drinking. Please help.. Please help.

                              Comment

                              Working...
                              X