Q: Can an undocumented immigrant with an expired Driver Licensed arrested because of a moving violation? My DL was not revoked, cancelled, or suspended. It just got expired and due to lengthy process with Immigration, I was not able to renew my DL. If I'm stopped for a traffic violation/offense, does the office would select: Expired DL six (6) months or less and just will write a ticket or based on the federal DHS safe neighborhood project, they will check status with immigration and they will detain me?
A: Chosen as "Best Answer" by Asker!
Answered . If your DL is expired for 6 months or less then it's an infraction and is not an arrestable offense in FL.
If your DL is expired for 6 months or more then it's a criminal traffic violation and you can be, although you are not required to be, arrested and taken into custody. All things equal 9 times out of 10 you will be given a NTA / PTA (notice / promise to appear) as, practically, it's much more of a hassle (time, effort, paperwork and risk... cop's always incur some risk when entering the jail) for a local cop to arrest, process and book you into the jail than it is to simply issue you a NTA.
If your DL is expired for 6 months or more then it's a criminal traffic violation and you can be, although you are not required to be, arrested and taken into custody. All things equal 9 times out of 10 you will be given a NTA / PTA (notice / promise to appear) as, practically, it's much more of a hassle (time, effort, paperwork and risk... cop's always incur some risk when entering the jail) for a local cop to arrest, process and book you into the jail than it is to simply issue you a NTA.
That said, in either event local cops do not enforce federal immigration laws. This does not mean that some rogue local cop can't call ICE on you, it just means that the odds of that happening are extremely unlikely.
Still, if your status in the US is unlawful then you cannot expect anything less then to be called on that at some time. I suggest that you speak to an immigration lawyer and get on the track of straightening out your immigration status. If not then every day carries the potential for a trip to Krome and an ensuing deportation hearing for you.
I hope that I have been helpful in answering your question.
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Michael Adam Haber, Criminal Defense Attorney - Miami, FL
Posted about 12 hours ago.
@ Asker: You are most welcome. And thank you for the feedback.
Either way, as to your citation, the best defense for any traffic citation anywhere is to hire a local traffic ticket lawyer. In the 305, where I have been a practicing criminal defense lawyer for 23+ years, I can tell you for certain that there are many skilled and experienced traffic lawyers who know the law, the procedure, the Judge and probably the cop. In short you will almost certainly get both competent representation and a better result for a relatively small fee / investment. Please hire one.
Either way, as to your citation, the best defense for any traffic citation anywhere is to hire a local traffic ticket lawyer. In the 305, where I have been a practicing criminal defense lawyer for 23+ years, I can tell you for certain that there are many skilled and experienced traffic lawyers who know the law, the procedure, the Judge and probably the cop. In short you will almost certainly get both competent representation and a better result for a relatively small fee / investment. Please hire one.
For more than 23 years Michael A. Haber, P.A. has been providing creative, effective and zealous advocacy and counsel in cases ranging from DUI to drug trafficking and from misdemeanors to first degree murder.
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