Undocumented immigrants are now eligible to apply for California driver’s licenses.1 The immigrants must be California residents and provide the DMV with the following:
Proof of residency
Thumb print, and
Picture or photo for identification
Over 1.4 million individuals are expected to apply for these special licenses. The DMV has opened four new offices and hired more than 900 additional employees to assist with the incoming rush. The licenses look like other California licenses, with the exception that the words “federal limits apply” are printed on the front and “This card is not acceptable for official federal purposes” on the back. The cards cannot be used as identification to board an airplane.2
Do Not Take Your DMV Hearing Lightly, the Risks Are Too High – Hire an Experienced DMV Hearing Attorney
Generally, only 8% of people arrested for a DUI request a DMV hearing in California. Of these 8%, however, 34% of them actually keep their driving privileges as a result of demanding such hearings. In addition, those with experienced attorneys win approximately 50% of these hearings.
Surprisingly, the reason these attorneys win so often has nothing to do with whether or not you actually refused a chemical test, or drove with an illegal level of alcohol in your system. Rather, it depends on the DMV’s dependence on paperwork, instead of live witnesses, in order to suspend your license.
Deportation for Drunk Driving? You Need an Experienced Criminal Defense Attorney
A new court decision may allow persons convicted of drunk driving in California to be deported. On March 4, 2009, the United States Appeals Court for the Ninth Circuit decided the case of Marmolejo-Campos v. Holder. In the decision, the court said that if you are an immigrant and you commit a crime of moral turpitude, you could be deported.
Court Says You Can Be Deported for DUI
Campos was a Mexican national who was convicted of driving under the influence for the second time. He plead guilty, and he admitted that he was driving with knowledge that his license was suspended or revoked. The Board of Immigration Appeals had ruled Campos could be deported for driving under the influence with a suspended driver’s license.
They found the combination of driving under the influence and a suspended license constituted “moral turpitude,” meaning that he could be deported for his criminal actions. However, Campos appealed the decision to the United States Appeals Court. The appellate court declined to change the original ruling. Due to his guilty plea to a misdemeanor offense, Campos could be deported from the country.
This decision means not only that you could be deported for driving under the influence of drugs or alcohol while your license is suspended or revoked, but also that you could be deported from the country if you commit any crime of moral turpitude.
Wallin & Klarich was established in 1981. Over the past 32 years, our law firm has helped tens of thousands of families in their time of legal need. Regardless of whether our clients faced criminal or DUI charges, the loss of their driving privilege, or wanted to clean up their criminal record, we have been there to help them.