Just got DUI and Reckless driving before my citizenship interview

[moe1985 8]

LOL...Awesome...I have seen his post and he was way off topic! Thanks for your help, Tbone!

A post more suitable for another forum has been removed, along with one quoting. Please adhere to this thread's topic.

TBoneTX

VJ Moderation

[TBoneTX 43,061]

Good luck to you.

[ExPatty 502]

The department of Public Safety had affirmed the 90 days suspension on my driver license, My attorney filed a civil suit against the department and he successfully removed the suspension and returned my driver license back a week later !

Guess you weren't kidding about that lawyer.

Thanks for updating the thread. It's a personal peeve of mine when people fail to update what happened after kicking off an interesting thread!

[tocca2015 24]

LOL...Awesome...I have seen his post and he was way off topic! Thanks for your help, Tbone!

Moe1985: I just wanted to say I read your thread and the whole thing is well out of order ! I believe you 100% and it's out of control that the police would harass someone with no alcohol in them on THEIR WAY TO WORK! Sending you positive vibes that the case will be dismissed soon and your US citizenship approved!

Your lawyer sounds KICK ###! Good for you! Go get'em!

[moe1985 8]

LOL ...I am the same way, I hope my story would benefit someone out there who gets tangled up in the web of police and the legal system

Guess you weren't kidding about that lawyer.

Thanks for updating the thread. It's a personal peeve of mine when people fail to update what happened after kicking off an interesting thread!

[moe1985 8]

Thank you so much for your supporting words!! I wish you best of luck on your upcoming interview!!

Moe1985: I just wanted to say I read your thread and the whole thing is well out of order ! I believe you 100% and it's out of control that the police would harass someone with no alcohol in them on THEIR WAY TO WORK! Sending you positive vibes that the case will be dismissed soon and your US citizenship approved!

Your lawyer sounds KICK ###! Good for you! Go get'em!

[mohdirfan08787 16]

First of all, Why in the world would you refuse breath test? This is normal procedure to find out if the driver was under the influence. This is not rude its a normal to ask driver if he/she is drunk. You were clearly under the influence otherwise you would not refuse to test...... When wreck or any auto accident happens, police first step is to find out if the driver is okay. You got out of car fine. So it tells police you are fine the next step is to DETERMINE WHAT CAUSES THE ACCIDENT.

You were not cooperative, ITS AUTO DUI....I doubt any lawyer can prove the police was wrong...I SAY POLICE WAS HIS JOB.

You created yourself a huge issue, 1- driving while was drunk, 2nd refuse to take a test.

Good Luck with your N-400

I sent my application N400 in April, 12, 2014 and I completed my biometrics in May, 13, 2014, USCIS put me in line for an interview since May 15, 2014. However, yesterday morning on the way to work, it was raining heavily and my truck slid into a creek off the road where the water was high to the windows. I sat inside the truck for safety as I was trying to get a wrecker to get me out. Suddenly, a police officer spotted me stuck in the creek ( 30 mins after the incident) and he stopped to check it out. Then, another cop and an ambulance showed up. I couldn't wait staying in the car as the truck was getting flooded more, I decided to open the window, managed to get on top of the truck and jumped off to safety. Shockingly, when I was standing on the bank of the creek, the two police officers approached me and started to ask me what happened, so i told them the truck slid and I totally lost control of it and I ended up in this creek. They asked me if I had anything to drink, and I said no. One of the officers started to point his index finger toward my eyes and asked me to follow his finger with my eyes, so I did. Then, he grabbed a breath analyzer tool for me to blow, and I refused because I felt they were harassing me and not even concerned if I was okay from the incident. then, they placed handcuffs on me and took me to jail for 24 hrs suspecting that I was drunk and that I refused to take the alcohol test. They charged me with DUI and reckless driving , even though I wasn't pulled over driving, I was stuck in a ditch. Anyhow, I bonded out of the county jail and I have a court date set for January, 8, 2015. I am hiring an attorney for this case but I am deeply concerned about my citizenship status. What shall I do? what is the impact on my citizenship application? I have never been in jail my whole life and I have never been in trouble before ( Clean record) up till last night ......

Note: I am an engineering student, I work full time and this could ruin everything for me );

Thank you and your help is greatly appreciated.

[JimmyHou 610]

First of all, Why in the world would you refuse breath test? This is normal procedure to find out if the driver was under the influence. This is not rude its a normal to ask driver if he/she is drunk. You were clearly under the influence otherwise you would not refuse to test...... When wreck or any auto accident happens, police first step is to find out if the driver is okay. You got out of car fine. So it tells police you are fine the next step is to DETERMINE WHAT CAUSES THE ACCIDENT.

You were not cooperative, ITS AUTO DUI....I doubt any lawyer can prove the police was wrong...I SAY POLICE WAS HIS JOB.

You created yourself a huge issue, 1- driving while was drunk, 2nd refuse to take a test.

Good Luck with your N-400

Please read the rest of the thread... these points have been discussed.

Refusing a breathalyzer is not an automatic DUI. See earlier posts.

[Sebas&Lily 3]

^ What Jimmy said Gotta love it when people reply to a topic they did not read..

Good luck Moe, looks like you're on the right path, do let us know the outcome, we're rooting for you

[minions2 24]

if you really did not drink alcohol and took any drugs and you have nothing to hide, you should go into trial to clear your name. but mind you, those police could find more to charge you with just in case the DUI case got dropped.

not because people refused it doesn't mean they're guilty, if my rights are violated i might be resistant as well

[moe1985 8]

Thank you, I truly apprciate your support and kind words. Hope you have a great day (;

^ What Jimmy said Gotta love it when people reply to a topic they did not read..

Good luck Moe, looks like you're on the right path, do let us know the outcome, we're rooting for you

[moe1985 8]

I just came home from court, let me tell ya, my attorney is the best in the world.... DUI charge is dismissed and reckless driving charge was reduced to improper lane and the case is completely closed. USCIS gave me until May 25th to respond back with court disposition documents, the clerk was very busy today and she told me to come back Monday to court and get the disposition to send for immigration. Thank you all for your support and good luck to those who are going in a similar situation. this has been such a huge experience. IF YOU EVER GET APPROACHED BY A COP, NEVER NEVER EVER TALK TO THEM UNDER NO CIRCUMSTANCES!

Edited May 7, 2015 by moe1985

[Tom_Jim 40]

I just came home from court, let me tell ya, my attorney is the best in the world.... DUI charge is dismissed and reckless driving charge was reduced to improper lane and the case is completely closed. USCIS gave me until May 25th to respond back with court disposition documents, the clerk was very busy today and she told me to come back Monday to court and get the disposition to send for immigration. Thank you all for your support and good luck to those who are going in a similar situation. this has been such a huge experience. IF YOU EVER GET APPROACHED BY A COP, NEVER NEVER EVER TALK TO THEM UNDER NO CIRCUMSTANCES!

Great news, Moe. Good luck with the rest of the immigration journey!

And yes, never EVER talk to a cop.

[TBoneTX 43,061]

Great news!

In regard to interacting with law enforcement, see:

http://www.youtube.com/watch?v=yqMjMPlXzdA

and read:

http://www.aclu.org/files/kyr/kyr_english.pdf

[moe1985 8]

Thank you, TBONE TX.