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2 tickets of driving w/o license in CA. With regards to the deferred action the President announced, do I qualify?

Orange, CA |

I received my first ticket in 2005 and the second in 2010. I was only ticketed for no license and nothing else. I went to traffic court both times and paid my fine. I know there are 2 ways this could go in CA. Either its an infraction or a misdemeanor. I looked up both my cases online and it shows everything. However there is a section that says "OL" and underneath it, it says either "1" or "I" and I'm not sure whether that stands for infraction or that I'm looking in completely the wrong area.

So basically my questions come down to.

1) can I tell if it's a misdemeanor or infraction just by the online report or do I go to court and find out there?

2) as far as the information that has been released, how serious would 2 tickets of driving without a license be?

Thank you.

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Attorney answers 3

Posted

Call the court to find out if they are infractions or misdemeanors. Infractions don't matter at all. You are allowed up to three less serious misdemeanors. You may have two. So, you still should be fine if you are otherwise eligible for deferred action. Good luck to you.

Asker

Posted

First of All thank you. And is it really that easy? Just calling the court? What kind of information would they ask?

Asker

Posted

" If I have a minor traffic offense, such as driving without a license, will it be considered a non-significant misdemeanor that counts towards the “three or more non-significant misdemeanors” making me unable to receive consideration for an exercise of prosecutorial discretion under this new process? A minor traffic offense will not be considered a misdemeanor for purposes of this process. However, your entire offense history can be considered along with other facts to determine whether, under the totality of the circumstances, you warrant an exercise of prosecutorial discretion. It is important to emphasize that driving under the influence is a significant misdemeanor regardless of the sentence imposed."

Posted

As my colleague stated, it appears you likely have 2 misdemeanors, and you are allowed up to 3. However, keep in mind that Deferred Action is not a right, it is discretionary. You still need to address these two incidents in your application.

My firm handles Deferred Action cases throughout Southern California, and I'd be happy to speak to you about your case. You can reach me at the information located below.

Best of luck,

Sanjay Paul, Esq.
(888) DREAM-02
info@dreamlawca.com
www.dreamlawca.com

This is not legal advice. No attorney client relationship exists between us.

Posted

If you are certain you went to traffic court your cases are most likely infractions, but checking directly with the court is the way to make sure. You should also find out if they were for Vehicle Code section 14601 violations (being unlicensed or having a suspended license) or were for Vehicle Code section 12500 (not having a license in your possession). Assuming those are your only convictions you should be fine applying for Deferred Action but should consult with an immigration attorney first.

Asker

Posted

Yes, it was traffic court. I was people that were there for Jay walking and red light cameras. No lawyers were even there, that I know of anyway... May I ask how I should go about pulling my records from the courthouse? Thank you.

Asker

Posted

I apologize for being rude. I didn't even thank you for replying. And yes they were for 12500. I looked up both cases online.

David Alexander Blair

David Alexander Blair

Posted

Again those are almost certainly infractions. Go to the traffic division of the courthouse and ask them to print out your record on those cases. There may be a fee. You are welcome. Good luck.