Illegal aliens or undocumented immigrants due incur traffic offenses such as DWI and/or speeding tickets. However, the procedures for illegal aliens or undocumented aliens are somewhat different if arrested for a DWI and/or drug offense under title 2c. According to various mandates, a police officer arresting a person, possibly in this country illegally, is required to notify immigration while the immigrant is in police custody.
Recently, the AOC has issued a directive #09-11 that requires Municipal Court Judges to inform all defendants that a guilty plea in municipal court can affect his or her immigration status. According to the directive, the following offenses require such advisement:
(1) all disorderly or petty disorderly persons offenses;(2) driving while intoxicated (N.J.S.A. 39:4-50; N.J.S.A. 39:4-50.14; N.J.S.A. 39:3-10.13; N.J.S.A. 12:7-46); (3) operating motor vehicle while in possession of a CDS (N.J.S.A. 39:4-49.1).
If you have a question regarding the court’s procedures to your immigration status, give Dan T. Matrafajlo a call for a free office consultation to discuss same.
