March 27, 2009 By Wallin & Klarich

Deportation for Drunk Driving: Why You Need a Criminal Defense Attorney

A new court decision may allow persons convicted of drunk driving to be deported. On March 4, 2009, the United States Appeals Court for the 9th circuit decided the case of Marmolejo-Campos v. Holder. Mr. Campos was a Mexican national who was convicted of driving under the influence for the second time. While pleading guilty, he admitted knowing his license was suspended or revoked.

The Board of Immigration Appeals had ruled Mr. Campos could be deported for the charge of driving under the influence with a suspended driver’s license. They found the combination of driving under the influence with a suspended license constituted “moral turpitude.” Mr. Campos appealed that decision to the United States Appeals Court. The Appeals Court declined to change the decision. Mr. Campos was found to be deportable for a misdemeanor offense.

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