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Is wet reckless driving considered a significant misdemeanor?

Encino, CA |

I meet all the qualifications other then the fact that I have a wet reckless charge from 7 years ago. From what I am aware one is disqualified if u have DUI in ur criminal record. In California a wet reckless is a lesser charge than a DUI. I graduated college and I have been in the US since I was 4.

Attorney Answers 3

Posted

I think what you are asking is an immigration question. Reckless driving is a misdemeanor.

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Asker

Posted

I apologize, the question I had is mind is regarding the new immigration policy. Would a wet reckless be considered a significant misdemeanor?

Posted

I am not sure what your question is...

A wet reckless is a misdemeanor. Here is the actual code pulled from the California Vehicle Code:
23103. (a) A person who drives a vehicle upon a highway in willful
or wanton disregard for the safety of persons or property is guilty
of reckless driving.
(b) A person who drives a vehicle in an offstreet parking
facility, as defined in subdivision (c) of Section 12500, in willful
or wanton disregard for the safety of persons or property is guilty
of reckless driving.
(c) Except as otherwise provided in Section 40008, persons
convicted of the offense of reckless driving shall be punished by
imprisonment in a county jail for not less than five days nor more
than 90 days or by a fine of not less than one hundred forty-five
dollars ($145) nor more than one thousand dollars ($1,000), or by
both that fine and imprisonment, except as provided in Section 23104
or 23105.

If this does not answer your question, you may want to rephrase it and we will do our best to answer it.

Thank you
Brooke Elia
www.elialawoffices.com

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Asker

Posted

I apologize, the question is in regards to the new immigration policy. One will not meet the requirements if there is a significant misdemeanor in our criminal record.

Brooke D Eno Elia

Brooke D Eno Elia

Posted

Here is a link to the Press Release regarding the new policy, you will note it does not specifically cite misdemeanors that would disqualify you. I would contact an Immigration Attorney who may be able to assist you further. http://www.dhs.gov/ynews/releases/20120612-napolitano-announces-deferred-action-process-for-young-people.shtm

Posted

Any misdemeanor that "involves driving under the influence of drugs or alcohol" is a significant misdemeanor. Whether or not a wet reckless falls within that description is something that your immigration lawyer will have to argue for you, but I wouldn't get my hopes up.

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