Can an undocumented immigrant with an expired Driver Licensed arrested because of a moving violation?
Expired DL six (6) months or less
and just will write a ticket or
based on the federal DHS safe neighborhood project, they will check status with immigration and they will detain me?
4 attorney answers
If its 6 months or less then it's an infraction and not arrestable in FL.
If its 6 months or more then it's a criminal traffic violation and you can be, althought are not required to be, arrested and taken into custody. All things equal you should be given a NTA / PTA (notice / promise to appear).
Local cops do not enforce federal immigration laws. This does not mean that some rogue local cop can;t call ICE on you, it just means that the odds of that happening are extremely unlikely.
Still, if your status in the US is unlawful then you cannot expect anything less then to be called on that at some time. I suggest that you speak to an immigration lawyer and get on the track of straightening out your immigration status. If not then every day carries the potential for a trip to Krome and an ensuing deportation hearing for you.
I hope that I have been helpful in answering your question.
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Mr. Haber is correct. If your license was expired for less than six months and you were stopped while driving, regardless of the reasons, you are guilty of a payable traffic civil infraction. You don't face any problems with homeland security as a result of this offense, for now.
If your license was suspended for over six months and you were given a traffic ticket for driving with no valid drivers license, you need a lawyer because this is a criminal traffic offense.
This offense is punishable by up to 60 days in jail, a $500 fine plus court costs. If you are put in jail, the department of homeland security sometimes scours the jail records and you may be placed in removal proceedings, which is the new word for deportation.
Look, it's easy to take care of this. Hire a traffic criminal defense attorney immediately. You will not have to go to court. You will just sign some papers at the office, and your attorney will defend the case and take care of it for you. Your case can be either dismissed or withheld and you may or may not owe just a small amount in court costs.
Legal fees for this are very reasonable, payment plans are available and you will not have to appear in court. Contact one of us right here in Miami immediately for help.
If this answer helped you, please be so kind as to mark it "helpful" or "best answer". This would be greatly appreciated. Remember, this is not legal advice from Criminal Defense Lawyer Albert Quirantes, or the Ticket Law Center in Miami, Florida and there is no attorney client privilege created in this communication. Don't squeal on yourself by making admissions on this public website. Only ask theoretical questions of a general nature for your own protection.
Depending on the length of times it's been expired, the expired DL could be an arrest-able offense on its own. On the immigration side, if you're removable for not having status DHS can apprehend you or send you a notice to appear for immigration court just about anywhere at any time. Talk to an immigration lawyer to see if you're eligible for any status or deferred action. You should also have an attorney review any citations for expired DL to see if it's an infraction or a criminal charge.
Just to be clear, you were driving on a license that while not revoked or suspended, IS expired. Thus you are breaking the law and for that reason, an officer may alert as to your presence at that time.