Lee & Garasia, LLC
  • Tel: 732-516-1717
  • Toll free: 888-404-5876
Experience, Accessibility, and Excellence for Over 20 Years
  • "Lee and Garasia are excellent lawyers, punctual and professional. They are dedicated to going above and beyond the usual level of service to meet your client's needs. Their staff is very knowledgeable, friendly and polite. I would highly... recommend this firm to anyone." Read More

  • "I would definitely recommend Mr.Lee and Garasia as an immigration attorney because they did a great job with my case i.e. of Adjustment of Status (i-485). Mr. Lee helped us in each and every detailed information and prepared to the best of it. It was all well done and would like to appreciate." Read More

  • "I would like to thank my lawyer Mr Lee & Garasia and the staff for all immense help and patience throughout this entire process, I really appreciate your constant attention to my case, as well to my questions and my concerns. You've really made this process much more comprehensive to me, which I greatly appreciate." Read More

  • "Mr. Lee and Ms. Garasia did a great job with my renewal of my permanent residence application. They help prepare the paperwork with such a great attention to details and accuracy. I will recommend the law firm every time." Read More

  • "Mr. Lee did a great job with the renewal of my permanent residence application. My case was very time sensitive and they worked really fast on my case with great detail and accuracy. I will recommend the law firm every time." Read More

  • "I would recommend Attorney Paris Lee for anybody who needs immigration consultation. Mr. Lee is THE lawyer who respects and cares clients. Mr. Lee is professional and honest. Bottom line, preparation for the results and NO BS!" Read More

  • "Stalin - Lee did a wonderful job, Got my wife her visa in one year. He is extremely helpful and knowledgeable. I would highly recommend him for all your immigration needs." Read More

  • "Hello. I appoint him as my immigration lawyer and that way he solved my cases was truly amazing. He was so honest and knowledgeable for his work.He solved my all family imigration issues and because of his effort we were able to get done our immigration work done successful. Thank you lee and garasia." Read More

  • "Lee & Garasia stand for accountability and responsibility. They are reliable, honest and are always constructively looking for a solution.. A big thanks :)" Read More

What If I am Illegal and Stopped Driving in New Jersey Without A License?

One of the most pressing and urgent concerns that undocumented individuals have is what will happen to them if they are stopped for driving without a license. Given the increase in enforcement under the Trump Administration, these fears are not unjustified. In New Jersey, driving without a license is a traffic offense punishable under Title 39:3-10 and often referred to as "Unlicensed Driver." The statute provides for two distinct penalties depending on whether the defendant was ever licensed elsewhere:

•· If an individual pleads or is found guilty of subsection a, he or she shall be subject to a fine not exceeding $500 or imprisonment in the country jail for not more than 60 days

•· If an individual pleads or is found guilty of subsection b, he or she shall be subject to a fine not less than $200 and be barred from applying a license for not less than 180 days. Subsection b applies when a person has never been licensed in New Jersey or any other jurisdiction

It goes without saying that undocumented people who do not have valid driver licenses should not be on the road. Driving in violation of the law not only poses a risk of danger to others but also, for an undocumented individual, exponentially increases his/her exposure. Practically speaking, since this is a traffic offense, a police officer will ordinarily issue a traffic summons to the individual, absent any egregious circumstances and assuming there are no serious companion offenses charged. However, this does not mean that the individual is out of the proverbial woods. These types of offenses are routinely designated as "Court Appearance Required" type of tickets-meaning that a court appearance is mandatory. As recent news events have confirmed, ICE officers have been known to appear at local municipal courts to pick up out of status individuals.

Secondly, even if a defendant does not run into an immigration officer at the courthouse does not necessarily mean that he/she will not encounter immigration. This is especially true if the individual is sentenced to imprisonment. Remember that subsection a provides for a jail sentence up to 60 days. While a prosecutor or judge may not go for a full 60 days, it is no longer unheard of for a defendant to receive 10 days or more in jail in some courts as a deterrent or if this is not a first offense. If the defendant goes to a county jail, his or her information will have to be entered into the jail database. The information is potentially then shared and discoverable by Immigration and Customs Enforcement through the Secure Communities Program.

Effect of 287g

In the future, the stakes may become even more perilous. President Trump has not only called for the resurrection of Secure Communities but also the nationalization of 287g. 287g is a federal provision of the Immigration and Nationality Act that authorizes the government to train and deputize state and local law enforcement to enforce the immigration law. Police officers who are deputized under this agreement have the authority not only to inquire into an individual's immigration status but also place that person into removal proceedings by issuing a Notice to Appear (NTA). Once and if 287g becomes standard throughout New Jersey, an authorized officer who stops someone for driving without a license would also be entitled to check DHS databases and charge the person with deportability, something far worse than the initial traffic violation for which the person was stopped.

Given the magnitude of events that can easily flow out of a simple traffic ticket, a foreign national charged with Unlicensed Driver in New Jersey would do well to consult with an immigration attorney if there are any potential status issues.

The above is general information only and not to be relied upon as legal advice. It does not create an attorney client relationship nor should it be relied upon as advice in lieu of consultation with an attorney.

No Comments

Leave a comment
Comment Information

PROFESSIONAL RECOGNITION

    • The National Advocates | Top 100 Lawyers
    • Rated by Super Lawyers | Angie Garasia | 5 Years
    • Avvo Rating 10.0 | Superb
    • Client Distinction Award martindale.com | 2016 Martindale-Hubbell Client Distinction Award
    • New Jersey State Bar Association | Paris Lee Chair - Immigration Section 2015-2016
    • Nationaly Recognized | Newsweek Nationwide Showcase | Top Attorneys 2013
    • New Jersey Chapter | American Immigration Lawyers Association | Angie Garasia | Chapter Chair 2015-2016
Email Us For A Response

Start Your Case Evaluation

Bold labels are required.

Contact Information
disclaimer.

The use of the Internet or this form for communication with the firm or any individual member of the firm does not establish an attorney-client relationship. Confidential or time-sensitive information should not be sent through this form.

close

Lee & Garasia, LLC
190 State Route 27
Edison, NJ 08820

Map & Directions

icon phone732-516-1717 icon phone888-404-5876