What happens if I was in an accident and do not have a drivers license? 26 Answers as of May 03, 2011

I am a illegal immigrant and I was in an accident. It was my fault but I was not drunk and I have my registration and auto insurance but not a driver license. I have to see the judge can he deport me? This is my second time I got ticket for not driver license but my first accident. Thank you very much

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Harris Law Firm
Harris Law Firm | Jennifer C. Robins
If you are driving without a license and are involved in an accident or pulled over, you could be charged with a crime of failure to carry and present a license. The more often you get arrested, the more likely immigration is to find you are in the country illegally and the more likely you are to get deported.
Answer Applies to: Oregon
Replied: 5/3/2011
Thomas J. Tomko Attorney At law
Thomas J. Tomko Attorney At law | Thomas J. Tomko
In general, two misdemeanors or one felony will get you deported. One misdemeanor, if against "moral turpitude" will get you deported. The judge in your criminal case is not an immigration judge. Therefore this judge will not be deporting you. A good result would be a plea to a non-criminal offense. No-Ops, and DWLS are criminal offenses. You should contact an immigration attorney for more complete information.
Answer Applies to: Michigan
Replied: 5/2/2011
The Law Office of B. Elaine Jones
The Law Office of B. Elaine Jones | B. Elaine Jones
They will probably charge you for driving without a valid driver's license and the accident. Once they are done with the charges here, the Judge will likely turn you over to the INS. If you need an immigration attorney, please contact me and I can put you in touch with one.
Answer Applies to: Florida
Replied: 5/1/2011
The Woods Law Firm
The Woods Law Firm | F.W. Woods Jr.
You can be deported, especially in SC.
Answer Applies to: South Carolina
Replied: 5/2/2011
Law Office of Joseph A. Katz
Law Office of Joseph A. Katz | Joseph A. Katz
If you are not in custody, you will not likely be deported for this incident (the crime does not fit the criteria for what is called an 'aggravated felony' pursuant to Immigration Law (see the following website: http://trac.syr.edu/immigration/reports/155/). If you hurt someone while driving under the influence, you could definitely be deported. You will be subject to misdemeanor prosecution, pursuant to CVC 12500, particularly since this was your second offense. That is, it is not likely to be reduced to an infraction because it is the second time. It is possible, but factoring in the fact that you caused an accident, it is unlikely.
Answer Applies to: California
Replied: 5/2/2011
    Andersen Law PLLC
    Andersen Law PLLC | Craig Andersen
    You may be charged with Driving without a license or Driving While Suspended. I'm not an expert on Immigration Law but I know that one would be deported for a felony or a misdemeanor with a sentence of one year or more. La migra (immigration) may deport you if they learn about your accident but the worst part is you will have to pay the person you hurt for their repairs and any injuries.
    Answer Applies to: Washington
    Replied: 5/2/2011
    Miller & Harrison, LLC
    Miller & Harrison, LLC | David Harrison
    It would be best to hire an immigration lawyer to be sure you don't do something that will cause an immigration problem for you. The judge handling the traffic ticket cannot deport you - only an immigration judge can do that.
    Answer Applies to: Colorado
    Replied: 4/29/2011
    Law Office of Phillip Weiser
    Law Office of Phillip Weiser | Phillip L. Weiser
    You should not be in danger of deportation only due to this ticket. You can be subject to jail time and a fine.
    Answer Applies to: Kansas
    Replied: 4/28/2011
    Law Office of Brendan M. Kelly
    Law Office of Brendan M. Kelly | Brendan M. Kelly
    The county court judge cannot deport you that is a Fed. Gov. matter. If you get a jail sentence then the ICE may contact you so you want to try and avoid going to jail. A lawyer should be able to help so you want to hire one or trust a court appointed lawyer. Good you had insurance, the prosecution may understand why you cannot obtain a license and agree to a fine and extended period of license revocation.
    Answer Applies to: Nebraska
    Replied: 4/29/2011
    Theodore W. Robinson, P.C.
    Theodore W. Robinson, P.C. | Theodore W. Robinson
    I don't believe there will be any criminal liability on your part, so you will not likely be deported for such a situation. However, it's always best to speak to an attorney about it. Good luck.
    Answer Applies to: New York
    Replied: 4/29/2011
    The Law Offices of Mark Kotlarsky
    The Law Offices of Mark Kotlarsky | Mark Kotlarsky
    The state judge cannot deport you. However, the judge can give you a prison sentence for the second offense, in which case you will be detained for the BICE and may be deported. Hopefully, n prison sentence can be negotiated.
    Answer Applies to: Maryland
    Replied: 4/29/2011
    Ferguson & Ferguson
    Ferguson & Ferguson | Randy W. Ferguson
    Normally a judge will not care. Plead guilty and pay your fine and that should be it.
    Answer Applies to: Alabama
    Replied: 4/29/2011
    Law Offices of John Carney
    Law Offices of John Carney | John Carney
    If you do not have a license and you are not a citizen you should not be driving. If it is someone's car and it is registered and insured then you will be charged with 509-1 Driving Without a License, a traffic violation and not a crime. You will not usually be deported for a violation or a traffic offense, but your appearance in court could trigger an investigation by the INS. In New York City the court officials, judges, district attorneys, and police almost never notify federal officials about illegal aliens. You will probably just pay a $50 fine and surcharge, but I would not continue to drive illegally as the district attorney and court may not allow just a fine on your third offense.
    Answer Applies to: New York
    Replied: 4/29/2011
    Law Office of Rankin Johnson IV, LLC
    Law Office of Rankin Johnson IV, LLC | Rankin Johnson IV
    Driving without a license is a minor offense. Driving when your license has been suspended is more serious, depending on what it was suspended for. Causing an accident is not necessarily a crime, but it might be something like reckless driving.

    The judge in state court can't deport you, but time in jail as a result of the state charges might lead to the federal immigration authorities getting hold of you. (They might anyway). You absolutely must speak with an attorney, and you absolutely must tell your attorney that you are a noncitizen. If the court appoints an attorney for you, the court may also pay for a consultation with an immigration attorney.
    Answer Applies to: Oregon
    Replied: 4/29/2011
    Law Office of Thomas J. Ogas
    Law Office of Thomas J. Ogas | Thomas Ogas
    The judge cannot deport you. He wont know your legal status and you are not required to tell anyone what your status is (only tell your lawyer).

    Assuming the case isnt a hit & run then would only be punished for driving without a valid license. The penalty for that may be some small jail time (depends on your county) and a fine and it makes it even harder to get a valid license afterwords due to points on your DMV record.
    Answer Applies to: California
    Replied: 4/29/2011
    Law Office of John Schum, LLC
    Law Office of John Schum, LLC | John Schum
    Thank you for contacting my office for answers to your questions. Please understand that my responses are general in nature and the law often focuses on specific facts. Before making any legal decisions, you should go over all the facts and specific circumstances of your situation with a lawyer. Additionally, my responses do not create an attorney-client relationship. Your comments to me are confidential and I cannot repeat them. However, I am not representing you on this matter, unless we later establish a formal attorney-client relationship.

    Now to provide a response to your question. The punishment for driving without a license usually is a $337 fine. There are issues with a conviction and you remaining in the country if you were here legally. Because of your status, ICE does not know you are here so the conviction getting linked to you is unlikely. I can help you if you want representation.

    I hope this helps you sort your legal situation out. If you want to set up a free consultation to go over your situation in more detail or to retain me to assist you with this matter, please email me.
    Answer Applies to: Hawaii
    Replied: 4/29/2011
    Beaulier Law Office
    Beaulier Law Office | Maury Beaulier
    You may be charged with a number of different offenses depending on the particular facts of the case. Certainly, the most likely charge is driving without a license, a misdemeanor which is punishable by up to 90 days in jail and a $1000 fine in the State of Minnesota. You may be charged with criminal vehicular injury if the driving conduct was reckless and the other driver was injured. You may be charged with driving without insurance. regardless of the charge, jail time is a distinct possibility and you should consult with an attorney immediately.
    Answer Applies to: Minnesota
    Replied: 4/29/2011
    California Criminal Defense Center
    California Criminal Defense Center | Ardalon Fakhimi
    It is a misdemeanor offense to drive without a license or on a suspended license. It would be best for you to have a criminal lawyer represent you in court. There face a heavy fine in addition to possible jail time. If you would like details about your case, please contact our office for a free consultation. We need more facts about your particular case to advise you.
    Answer Applies to: California
    Replied: 4/29/2011
    Timothy J. Thill P.C.
    Timothy J. Thill P.C. | Timothy J. Thill
    You will probably get a conviction for driving without a license. If the violation occurred in Cook county, you probably will not be picked up by the Immigration authorities, and likely will not be deported if the accident happened outside Cook County. Immigration becomes involved when the police or county sheriff detains you in custody, usually. Of course, you should get an attorney to represent you in the court, before the judge, and I cannot guarantee you that you will not be detained for deportation, but feel somewhat certain this will not happen to you, this time.
    Answer Applies to: Illinois
    Replied: 4/29/2011
    Nelson & Lawless
    Nelson & Lawless | Terry Nelson
    You potentially face misdemeanor criminal charges, and a civil lawsuit for damages. I'm curious how you have insurance without a license; you may find the insurance doesn't cover you without a license. Your deportation can be sought or recommended by the DA or judge anytime you are arrested. Repeat offenses increase that risk.
    Answer Applies to: California
    Replied: 4/29/2011
    Law Office of Richard Williams
    Law Office of Richard Williams | Richard Williams
    4-27-11 You shouldn't be facing deportation on account of an accident and driving without obtaining a driver's license. I can not advise you on whether you will be deported for any other reasons. You can receive a ticket for driving without a driver's license. A second conviction will normally require a court appearance. You could receive up to thirty (30) days and a fine for this offense particularly as this is your second offense and it involves an accident.
    Answer Applies to: Alabama
    Replied: 4/29/2011
    Austin Legal Services, PLC
    Austin Legal Services, PLC | Jared Austin
    You can face up to one-year in jail and up to $1,000 in fines. As far as your illegal alien status, you need to consult with an immigration attorney as soon as possible. I think deportation only occurs for crimes of moral turpitude but only an experienced immigration attorney can tell you that for sure.
    Answer Applies to: Michigan
    Replied: 4/28/2011
    Michael Anthony Wing, P.C.
    Michael Anthony Wing, P.C. | Michael Anthony Wing
    The judge that you are seeing about your lack of a driver's license will probably not have an interest in having you deported, especially since you had insurance. However, you should be talking to an immigration attorney to get help with your illegal status. Stay well.
    Answer Applies to: Alabama
    Replied: 4/28/2011
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