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Have you been arrested,cited,charged,indicted,fined,or imprisoned for breaking or violating any law or ordinance, ...

Miami, FL |

..EXCLUDING traffic violations?... will i answer Yes or No to this question if i have a DUI conviction? since it's saying "excluding" traffic violations I'm not really sure. This question is more aimed towards an Immigration Attorney.

Attorney Answers 4

Posted

No. You have a DUI conviction. That is a conviction for a criminal misdemeanor charge.

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8 comments

Asker

Posted

so even tho i got arrested for a day before i was bonded out .. i should still answer no?

Larry Thomas McMillan

Larry Thomas McMillan

Posted

Going to jail does not change your answer. The question excludes traffic. The DUI is a criminal traffic charge. Your answer is NO. By the way, if you thought my answer was helpful, please do a review for me or click that my answer was helpful.

Asker

Posted

Thank you for answering that question! and also will that answer apply if i went to jail for a day before i got bonded out for a battery charge, and by the way the battery charge was dropped disposition 'nolle pros'

Larry Thomas McMillan

Larry Thomas McMillan

Posted

The "no" answer will NOT apply to the battery. The battery is NOT a traffic violation. Therefore, although the case was dropped or nolle prossed, the fact still remains that you were arrested and charged with that offense.

Asker

Posted

if the battery charge was dropped or "nolle pros', thats not considered a conviction for a misdemeanor correct?

Larry Thomas McMillan

Larry Thomas McMillan

Posted

Correct, but you have been arrested and charged with the battery and then it was dropped.

Asker

Posted

Thank you soo much for your responses I appreciate it so much!

Larry Thomas McMillan

Larry Thomas McMillan

Posted

My pleasure.

Posted

DUI is not a traffic violation, it's criminal traffic. You have to list it.

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Asker

Posted

So in regards to the question i would answer 'no' rite? just like the other attorney stated on my message history

Jesus Novo III

Jesus Novo III

Posted

I cannot tell you how to answer, since you are not my client and there is no attorney-client relationship. However, my professional opinion is that you should answer "yes", as stated in my answer. If you want a more definite answer, you should hire an attorney.

Roger Scott Jr.

Roger Scott Jr.

Posted

You are misunderstanding what the other attorney said. He told you to list it

Posted

A DUI is not a traffic violation. It is a criminal offense. A "traffic violation" is a non-criminal infraction, such as speeding.

If the question is, "have you been arrested, cited, charged, indicted, fined, or imprisoned..." then you must answer "yes" because you were both arrested and charged with DUI.

All comments made by the attorney are mere statements of opinion and are not intended to be interpreted as legal advice. There is no attorney-client relationship formed as a result of this comment.

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Posted

I can't tell if you "have to" answer this question, but assuming that you do, the honest and correct answer would be "yes"

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