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Does a Conviction for DUI 39:4-50 with a Child in the Car Affect My Immigration status in NJ?

I am invited to lecture at the DWI institute to attorneys about the immigration consequences of a DUI conviction.  Since that seminar is just for attorneys and because the information is so important, I am making this video series for you. In my first article, “Immigration Consequences of a DUI,” I defined for you a Crime of Moral Turpitude (CIMT).  I also explained that a “Crime of Violence” is considered an aggravated felony for immigration purposes.  I also explained although no DUI is “simple,” a DUI without any aggravating factors is not a CIMT or a “Crime of Violence. Today I am giving an example of a “non-simple” DUI from an immigration perspective.

DUI with a Child in the Car

Child endangerment is a serious offense in New Jersey.  You can be facing up to 10 years in jail for a serious offense.  Normally we are talking about abuse, neglect, abandonment, or some level of mistreatment.  In the DUI context, the facts will be similar to:

  1. Operating a vehicle;
  2. While under the influence of drugs or alcohol; and
  3. Having children in the car

This is just one of those aggravating factors that I discussed in my initial article.  You will have immigration consequences if you are convicted of both the DUI and the child endangerment.  Child endangerment, like driving on a suspended license (39:3-40), requires a criminal state of mind.  You knowingly put a child in danger to be convicted of this offense.  It is thus, considered a CIMT.  Depending of the severity of the charge it may also be considered a “Crime of Violence.”  Under these circumstances, the child endangerment charge becomes the more problematic charge from an immigration perspective.

So What Do I Do?

If you live out of New Jersey and received a ticket/DUI in Monmouth or Ocean Counties, you can

  1. Download our free traffic ticket book  “Why Pleading Guilty to your New Jersey Traffic Ticket is NOT an option by clicking on the title,”
  2. Download our DUI book, “Arrested for Drunk Driving?  Learn How to Beat the Odds,”
  3. On the menu on the right you will find our immigration books including a tool to help you figure out if you qualify for legal status,
  4. You contact me through this site or the chat feature; or
  5. You can call our knowledgeable staff at 888-695-6169.

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