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Need some help/advice urgently...

Need some help/advice urgently...

Old Jul 9th 2004, 4:25 pm
  #1  
GJB
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Default Need some help/advice urgently...

So... last night my wife's 2 kids were staying over at a friends. My wife herself had to work, so I thought great, have the house to myself. I stocked up on a couple of beers, sat down in front of the TV and cracked a few open.

At about 11.30pm, 7 bottles of Bud later, the phone rang. It was the 2 kids, wanting to come home, didn't want to stay over after all. Reluctantly I got into the car and started driving. I felt ok, didn't feel drunk or anything, just tiddly. Well then of course I got pulled over, they smelled my breath and gave me a breath test. The legal limit, so I'm told, is 0.8, my sample registered at 0.9

Anyway, suffice to say I was arrested for DUI, and spent the night in the local nick before a very angry wife came and bailed me out this morning.

This is my first offence, anywhere, I've never been arrested or been in trouble with the law before either here or in England. Now I have to get a lawyer, go to court, probably get a driving suspension and big fine. None of that worries me, in truth I probably deserved it.

What does worry me though is that I am not a green card holder as yet, I am still just a permanent resident. Given that my British passport actually expired about 3 weeks ago, do you think the US authorities will deport me, especially as I'll almost certainly be found guilty in court and end up with a criminal record for DUI?

Any advice would be helpful, I really don't want to find myself ejected from the country.

Thanks
Gary
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Old Jul 9th 2004, 5:04 pm
  #2  
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Default Re: Need some help/advice urgently...

Originally posted by GJB
So... last night my wife's 2 kids were staying over at a friends. My wife herself had to work, so I thought great, have the house to myself. I stocked up on a couple of beers, sat down in front of the TV and cracked a few open.

At about 11.30pm, 7 bottles of Bud later, the phone rang. It was the 2 kids, wanting to come home, didn't want to stay over after all. Reluctantly I got into the car and started driving. I felt ok, didn't feel drunk or anything, just tiddly. Well then of course I got pulled over, they smelled my breath and gave me a breath test. The legal limit, so I'm told, is 0.8, my sample registered at 0.9

Anyway, suffice to say I was arrested for DUI, and spent the night in the local nick before a very angry wife came and bailed me out this morning.

This is my first offence, anywhere, I've never been arrested or been in trouble with the law before either here or in England. Now I have to get a lawyer, go to court, probably get a driving suspension and big fine. None of that worries me, in truth I probably deserved it.

What does worry me though is that I am not a green card holder as yet, I am still just a permanent resident. Given that my British passport actually expired about 3 weeks ago, do you think the US authorities will deport me, especially as I'll almost certainly be found guilty in court and end up with a criminal record for DUI?

Any advice would be helpful, I really don't want to find myself ejected from the country.

Thanks
Gary
It's very difficult not to take the moral high ground here Gary........
you dumbass

don't know the answer to the question whether or not it falls under the moral turpitude thingy or not.

but man you're a dumbass for this.
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Old Jul 9th 2004, 5:09 pm
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Get yourself a lawyer pronto, and manc hit the nail on the head.
Mind you, bud must be like piss if you can drink that many & still nearly pass the breath test.

Last edited by doctor scrumpy; Jul 9th 2004 at 9:04 pm.
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Old Jul 9th 2004, 5:27 pm
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Originally posted by doctor scrumpy
Get yourself a lawyer pronto, and manc hit the nail on the head.
Mnd you, bud must be like piss if you can drink that many & still nearly pass the breath test.

Bud is like piss.......Miller Genuine Draft would have been the way to go!
 
Old Jul 9th 2004, 5:37 pm
  #5  
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Default Re: Need some help/advice urgently...

Originally posted by GJB
So... last night my wife's 2 kids were staying over at a friends. My wife herself had to work, so I thought great, have the house to myself. I stocked up on a couple of beers, sat down in front of the TV and cracked a few open.

At about 11.30pm, 7 bottles of Bud later, the phone rang. It was the 2 kids, wanting to come home, didn't want to stay over after all. Reluctantly I got into the car and started driving. I felt ok, didn't feel drunk or anything, just tiddly. Well then of course I got pulled over, they smelled my breath and gave me a breath test. The legal limit, so I'm told, is 0.8, my sample registered at 0.9

Anyway, suffice to say I was arrested for DUI, and spent the night in the local nick before a very angry wife came and bailed me out this morning.

This is my first offence, anywhere, I've never been arrested or been in trouble with the law before either here or in England. Now I have to get a lawyer, go to court, probably get a driving suspension and big fine. None of that worries me, in truth I probably deserved it.

What does worry me though is that I am not a green card holder as yet, I am still just a permanent resident. Given that my British passport actually expired about 3 weeks ago, do you think the US authorities will deport me, especially as I'll almost certainly be found guilty in court and end up with a criminal record for DUI?

Any advice would be helpful, I really don't want to find myself ejected from the country.

Thanks
Gary

what a complete arse...(the situation, not you personally)...(actually, you as well, but not as much as the situation) A good lawyer may be able to argue this one for you but you'll need someone who is proficient in both immigration law and criminal law.

try writing to Ron Kuby...probably the best criminal defense lawyer in the country...if you have the cash...

Ron Kuby and Dan Perez...not sure of the email address...but I'm sure someone here could find it...
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Old Jul 9th 2004, 5:44 pm
  #6  
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you should of drunk 7 bottles of Miller Light, you would of passed the breath test ney bother!

so...I take it the kiddy winkles won't be staying over for a slumber party ever again then
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Old Jul 9th 2004, 5:54 pm
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Originally posted by Yosser
you should of drunk 7 bottles of Miller Light, you would of passed the breath test ney bother!

so...I take it the kiddy winkles won't be staying over for a slumber party ever again then
Just out of interest...why didn't you say "sorry kids, Dad's had a few beers, suck it up and deal with it, you're sleeping the night"
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Old Jul 9th 2004, 6:18 pm
  #8  
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Default Re: Need some help/advice urgently...

Originally posted by GJB
What does worry me though is that I am not a green card holder as yet, I am still just a permanent resident.
Sorry you're going through this, but what puzzles me is the quote above. Being a permanent resident and having a green card is the same thing. Not sure what you mean so I don't know if you should worry on that account or not... a consultation with a lawyer would be in order I think.

Elaine
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Old Jul 9th 2004, 6:36 pm
  #9  
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Originally posted by Chopper-Chris
Just out of interest...why didn't you say "sorry kids, Dad's had a few beers, suck it up and deal with it, you're sleeping the night"
Because I was stupid, because I give in too easily, because I made a bad judgement...

I've done some surfing and minor DUI's don't mean deportation, major ones can. I guess it will be up to the courts to decide if mine is major or minor.

I also spoke to my lawyer. She says that we should be able to plead for a 'diversion', whereby the charges are not criminal, and stay on record for year at which point they are wiped out if in the interim you have kept your nose clean and paid all fines and court costs on time etc...

Gary
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Old Jul 9th 2004, 6:37 pm
  #10  
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Default Re: Need some help/advice urgently...

Originally posted by HunterGreen
Sorry you're going through this, but what puzzles me is the quote above. Being a permanent resident and having a green card is the same thing. Not sure what you mean so I don't know if you should worry on that account or not... a consultation with a lawyer would be in order I think.

Elaine
I have temporary permanent residence, the card that lasts 2 years before you have to apply for Citizenship or ship out...

Gary
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Old Jul 9th 2004, 6:50 pm
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Default Re: Need some help/advice urgently...

Originally posted by GJB
So... last night my wife's 2 kids were staying over at a friends. My wife herself had to work, so I thought great, have the house to myself. I stocked up on a couple of beers, sat down in front of the TV and cracked a few open.

At about 11.30pm, 7 bottles of Bud later, the phone rang. It was the 2 kids, wanting to come home, didn't want to stay over after all. Reluctantly I got into the car and started driving. I felt ok, didn't feel drunk or anything, just tiddly. Well then of course I got pulled over, they smelled my breath and gave me a breath test. The legal limit, so I'm told, is 0.8, my sample registered at 0.9

Anyway, suffice to say I was arrested for DUI, and spent the night in the local nick before a very angry wife came and bailed me out this morning.

This is my first offence, anywhere, I've never been arrested or been in trouble with the law before either here or in England. Now I have to get a lawyer, go to court, probably get a driving suspension and big fine. None of that worries me, in truth I probably deserved it.

What does worry me though is that I am not a green card holder as yet, I am still just a permanent resident. Given that my British passport actually expired about 3 weeks ago, do you think the US authorities will deport me, especially as I'll almost certainly be found guilty in court and end up with a criminal record for DUI?

Any advice would be helpful, I really don't want to find myself ejected from the country.

Thanks
Gary
Did you have the kids in the car when you were pulled over? This happened to my husbands boss and he has just come out of jail after 18 months. He was charged with DUI and endangerment.
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Old Jul 9th 2004, 6:53 pm
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Default Re: Need some help/advice urgently...

Originally posted by GJB
the card that lasts 2 years before you have to apply for Citizenship or ship out...

Gary
Gary mate.............
What a crock of shit, I dunno where you've got your immigration advice from...........................
You do not have to take up citizenship or ship out after 2 years.
If you do niether the 2 years conditions will be dropped and you'll have a renewable 10 year green card.
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Old Jul 9th 2004, 6:54 pm
  #13  
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Default Re: Need some help/advice urgently...

Originally posted by GJB
I have temporary permanent residence, the card that lasts 2 years before you have to apply for Citizenship or ship out...

Gary
I think you're a little confused here.

You have conditional permanent residence if you have the two year card.

You are eligible for citizenship 3 years from the date on your Green Card. Even if you don't apply for US citizenship, you can apply for full/unconditional permanent residence, the 10 year Green Card.

You don't have to leave unless you want to or fail to keep your legal status valid.
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Old Jul 9th 2004, 6:57 pm
  #14  
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No I did not have the kids in the car with me, I was on the way to get them. I guess they got to stay the night at their friends anyway, because the wife was at work all night.

Also, the reason the cop pulled me over in the first place was because used a stop sign on a back road more like a Give Way sign in England. I slowed right down, and I could see there was nothing coming AT ALL in either direction, so I almost stopped but didn't. I did just about stop, may have even do so for all of about a second, but not for 3 seconds. Anyway, he was lurking and watching the junction.

Gary
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Old Jul 9th 2004, 7:05 pm
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Originally posted by GJB
No I did not have the kids in the car with me, I was on the way to get them. I guess they got to stay the night at their friends anyway, because the wife was at work all night.

Also, the reason the cop pulled me over in the first place was because used a stop sign on a back road more like a Give Way sign in England. I slowed right down, and I could see there was nothing coming AT ALL in either direction, so I almost stopped but didn't. I did just about stop, may have even do so for all of about a second, but not for 3 seconds. Anyway, he was lurking and watching the junction.

Gary
Well that is a good thing about the kids not being in the car, that is major. The guy I referred to in my last post was on a fast track to the top, he could do no wrong at work. He and his wife are divorced and he went to her home to pick the kids up, big mistake cause he knew what could happen should he get caught. He is now out of work and is finding it hard to get re-employed, he has 6 months of probation still to do. It is just not worth it. Don't know what will happen to you, hopefully just a fine and traffic school or something. Hope you have learned a very big lesson though, shitty things happen to nice people. Good luck.
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