Risks faced by undocumented people who drive without a driver’s license in the United States

From what I have seen in the years that I have been practicing law, when a person comes to the United States, it is to have a better life. Upon arriving in this country, whatever is necessary is done to improve the quality of live and, in certain cases, to help the relatives who were left behind.

For the person or the family to get ahead, it is required to have the desire to work hard. The problem that I have identified, is that the US government sometimes confuses people who are new to the country. On the one hand, they make them  think that it’s okay for you to work because they are willing to give you an official number called ITIN, to pay taxes on the money you earn annually. It is important to note that the ITIN number does not authorize you to legally work in the United States.

On the other hand, they make it difficult, and sometimes impossible, for you to work when you cannot obtain a driver’s license. So basically, what the government is looking for is that you pay taxes on the money you earn, but they deny you the right to drive a vehicle to get to that job that is going to provide you with the money for your support.

It is also important to clarify and explain that in order to work legally in the United States, it is required to have a work authorization card issued by the federal government, but I mention that, and it will be a topic to be discussed in a future article. For now, I am interested in emphasizing the risk that people who decide to drive without a license run in case they are stopped by the police. If the driver is pulled over and found not to have a driver’s license, there are a number of options that the police can use to enforce the law.

The first option is, for the police to arrest the person, which could lead to immigration finding out that the person is in the country without documents and intervening. If that happens, it is very important to immediately contact an attorney, because the time you waste could make things worse. If the driver is without the documents and permits to be in the country, this can start deportation proceedings that are often difficult to win when facing court.

Another option, could be for the police to give you a citation stating the initial reason you were stopped, and in the process, also issue a citation for driving without a license. Usually the first citation is going to be a traffic violation, but always the citation for driving without a license is going to be a criminal traffic violation case. When you have a “criminal traffic” case, you always have to go to court and you have to schedule an appearance in the County where you received the ticket, within 30 days of receiving the citation. If you do not appear, the court may determine without your presence and issue a warrant for your arrest which may end in removal proceedings.

My recommendation as a lawyer is that if you have an encounter with the police, it’s extremely important to hire an experienced lawyer to represent you, but you must be careful when choosing the  attorney since not all lawyers have the Knowledge and experience to know how to defend the client in those situations that put their stay in the United States at risk. In those cases you need a lawyer who practices criminal law and also knows immigration law. It is also recommended that the lawyer is able to communicate with his client in their language to avoid the errors that arise as a result of translation services.

The most important thing in these cases, is that the attention is given to the biggest problem, since the fine is often invalidated when the case of “criminal trafficking” is discussed.

If you have a question, do not hesitate to call us at (904) 385-5490.

In Gaeta Legal, PLLC we specialize in immigration cases, criminal litigation, and family situations.

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