The U.S. deported nearly 393,000 people in the fiscal year that ended September 30, 2010, half of whom were considered criminals. Of those, 27,635 had been arrested for drunken driving, more than double the 10,851 deported after drunken driving arrests in 2008, according to Immigration and Customs Enforcement data provided to The Associated Press.

Secure Communities is the Homeland Security Department’s system of identifying immigrants for deportation through fingerprints taken by local officers when booking people on criminal charges. The local law enforcement agencies routinely send the prints to the FBI for criminal background checks. The FBI shares the fingerprints with Homeland Security to look for potentially deportable immigrants, who can be in the country illegally or legally.

Source: July 22, 2011, Traffic crime, drunken driving deportations way up, by SUZANNE GAMBOA, Associated Press.

NOTE: This Blog/Blawg, NJ Family Issues, is managed by Paul G. Kostro, Esq., an attorney/lawyer/mediator in Linden, Union County, New Jersey.

If you are not a citizen, and you are arrested for drunk driving, you may be deported! originally appeared on NJ Family Issues on July 29, 2011.

THANKS FOR YOUR HELP

You have just passed through a Monmouth County DWI (Driving While Intoxicated) STRIKE FORCE Checkpoint.

In the past 10 years, almost 9300 people were killed on New Jersey’s highways. Of these, 2225 were killed by drunk drivers which is 25% of the total. Checkpoints will curb drunk driving and save lives.

The Monmouth County Prosecutor’s Office and the police officers of the county-wide DWI Strike Force appreciate your patience and cooperation in helping us to help you by stopping drunk drivers before they harm other drivers, passengers, pedestrians or themselves.

Monmouth County has led the State of New Jersey in drunk driving arrests since 1982 – this is not because we have more drunk drivers, it’s due to the efforts of the DWI Strike Force and the Municipal Police Department in the campaign against drunk driving.

* 223 people have been killed by drunk drivers in Monmouth County in the last 10 years.
* It is estimated that one out of every two (2) Americans will be involved in an alcohol-related auto accident in their lifetime.

Thank you,

Monmouth County Board of Chosen Freeholders
Monmouth County Task Force on Drunk Driving
Monmouth County Prosecutor’s Office
Monmouth County Police Chief’s Association

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WHAT TO EXPECT IF YOU DRINK AND DRIVE

CONVICTION FOR DRUNK DRIVING

FIRST OFFENSE – Mandatory $250-$500 fine, mandatory 3 months to 1 year license suspension, discretionary imprisonment not to exceed 30 days, 12-48 hours of detainment, $1,000 per year auto insurance surcharge for 3 years, $200 surcharge.

SECOND OFFENSE – Mandatory $500-$1,000 fine, mandatory 30 days of community service, mandatory 2 year license suspension, imprisonment of not less than 48 hours nor more than 90 days, $1,000 per year auto insurance surcharge for 3 years, $200 surcharge.

THIRD OFFENSE – Mandatory $1,000 fine, mandatory 10 year license suspension, mandatory 180 day imprisonment, $1,500 a year auto insurance surcharge for 3 years, $200 surcharge.

REFUSAL TO SUBMIT TO A BREATH TEST

FIRST OFFENSE – Mandatory $300-$500 fine, mandatory 7 month to 1 year license suspension, $1,000 auto insurance surcharge for 3 years.

SECOND OFFENSE – Mandatory $500-$1,000 fine, mandatory 2 year license suspension, $1,000 auto surcharge for 3 years.

THIRD OFFENSE – Mandatory $1,000 fine, mandatory 10 year license suspension, $1,500 auto insurance surcharge for 3 years.

OPEN CONTAINER LAW

An open partially consumed, alcoholic beverage container in the passenger compartment is subject to a $200 fine, first offense; $250 fine, second offense or 10 days community service.

INTOXICATED DRIVER RESOURCE CENTER

All persons convicted of drunk driving and those who refuse to submit to the breath test must satisfy the screening, evaluation and referral requirements of the IDRC (Intoxicated Driver Resource Center) and Bureau of Alcoholic Counter Measures.

VICTIMS OF DRUNK DRIVING SUPPORT GROUP

This is a free program for victims involved in an alcohol-related accident. The program is designed to help victims of drunk driving to receive help for emotional; legal and insurance problems. For more information, please call Jerry Hamlin, Special Projects Coordinator, Monmouth County Prosecutor’s Office, 732-751-2246.

NOTE: My Law Office is located at 726 West Saint Georges [W. St. Georges] Avenue (Route 27), Linden, Union County, NJ. Telephone: 908-486-2200; EM@IL

Do not drink and drive! originally appeared on NJ Family Issues on August 7, 2010.

See: ADVISORY COMMITTEE ON PROFESSIONAL ETHICS OPINION 717: RPC 1.5(d)(2) — Contingency Fees in Criminal and Quasi-Criminal Matters.

NOTE: Adwokat / Prawnik Pawel Kostro mowi po polsku.

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The N.J. Rules of Attorney Professional Conduct provide that an attorney shall not enter into an arrangement for, charge, or collect a contingent fee for representing a defendant in a criminal case; or in a quasi-criminal matter, such as a case in municipal court originally appeared on NJ Family Issues on March 9, 2010.

News Release (August 22, 2007): The N.J. Attorney General issued a Directive to state law enforcement agencies regarding their relationship with federal immigration authorities. The Attorney General said local police must inquire about immigration status after an officer has arrested an individual on serious criminal charges (including driving while intoxicated), and shall notify Immigration Customs Enforcement (“ICE”), the prosecuting agency, and the court if there is a reason to believe that the arrestee may be an undocumented immigrant.

The Directive lists specific indictable offenses and driving while intoxicated as crimes for which a police officer should ask about an individual’s citizenship, nationality, and immigration status after an arrest.

The Directive also declares that no law enforcement officer shall inquire about or investigate the immigration status of any victim, witness or person requesting assistance from the police.

NOTE: My Law Office is located at 726 West Saint Georges [W. St. Georges] Avenue (Route 27), Linden, Union County, NJ. Telephone: 908-486-2200

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When a person is arrested on serious criminal charges, including driving while intoxicated, police must inquire about that person’s immigration status originally appeared on NJ Family Issues on August 24, 2007.