The traffic courts are cracking down on drivers who repeatedly drive without a valid license. In some instances, drivers are being put in jail or remanded to jail on bail. For the illegal immigrant this can be very serious matter. In one real-life example an illegal immigrant from El Salvador received his second ticket for driving without a license. Because he did not have a social security number, he is not eligible to obtain a New York license. Once in court, the prosecutor sees that the driver does not have a license and refuses to make a plea bargain deal with him. The driver is then sent to see the judge. Upon discovering that it is the driver’s second offense, the judge sets bail on the driver. He unable to make bail for a few days and is transferred to the Nassau County Jail. To make matters worse, before bail is posted, the United States Immigration and Customs Enforcement Agency has placed a detainer on the driver preventing him from posting bail. He is then brought by the Sheriff’s department to traffic court a few days later, pleads guilty to having no license and is sentenced to time served. Having an Immigration detainer on him, he is not released from jail. Instead he is transferred to Federal Immigration Custody for deportation proceedings. As a result a thirty seven year old male with a wife and three children is deported from the United States.
Now this may seem like an extreme case, but it is becoming a common occurrence at the Nassau County Traffic and Parking Bureau. There is one particular judge, whose name will go unmentioned, who appears to take some level of joy at throwing unlicensed drivers in jail. (Ask any local attorney and they will tell you the name.) But, Nassau County is not alone. Many judges are cracking down on this offense and setting bail on the offenders. The illegal immigrant in this example received a ticket. He followed the instructions on the ticket and tried to do the right thing by going to court. But, his reward for doing the right thing was deportation from the United States and a bar from re-entry for ten years. The consequences to his wife and young children were devastating. Had this individual contacted an experienced lawyer before trying to go it alone, this tragedy would never have happened.
Our office has been successful in reducing the consequences of driving without a license and keeping our clients from going to jail. We are knowledgeable of the additional risks that face illegal immigrants and work directly with in-house immigration lawyers to ensure the best results for our clients. Call or contact us today (516) 294-1133.