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Can an illegal alien with an expired DL be arrested for a moving violation? ~ “Best Answer” on AVVO.com ~ Call Michael A. Haber, Esq. @ 1-888-SHARK-8-1

Q:     Can an undocumented immigrant with an expired Driver Licensed arrested because of a moving violation?    My DL was not revoked, cancelled, or suspended. It just got expired and due to lengthy process with… Scroll down to read more!

March 15, 2015 / Michael A. Haber /
Q:     Can an undocumented immigrant with an expired Driver Licensed arrested because of a moving violation?    My DL was not revoked, cancelled, or suspended. It just got expired and due to lengthy process with Immigration, I was not able to renew my DL. If I’m stopped for a traffic violation/offense, does the office would select: Expired DL six (6) months or less and just will write a ticket or based on the federal DHS safe neighborhood project, they will check status with immigration and they will detain me?
A:     Chosen as “Best Answer” by Asker!
Locally licensed lawyer

For questions involving state laws, lawyers who are licensed in the same state as the asker are often able to provide more relevant answers than out-of-state lawyers.

For questions involving federal laws (e.g., immigration or patents), this distinction is unimportant.

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Christine Joan Esser
Christine Joan Esser
Criminal Defense Attorney – Los Angeles, CA
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Richard W Barner III
Criminal Defense Attorney – Sunrise, FL
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Alberto Marino Quirantes Jr.
Speeding / Traffic Ticket Lawyer – Miami, FL

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Best Answer
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Answered . If your DL is expired for 6 months or less then it’s an infraction and is not an arrestable offense in FL.

If your DL is expired for 6 months or more then it’s a criminal traffic violation and you can be, although you are not required to be, arrested and taken into custody. All things equal 9 times out of 10 you will be given a NTA / PTA (notice / promise to appear) as, practically, it’s much more of a hassle (time, effort, paperwork and risk… cop’s always incur some risk when entering the jail) for a local cop to arrest, process and book you into the jail than it is to simply issue you a NTA. 


That said, in either event local cops do not enforce federal immigration laws. This does not mean that some rogue local cop can’t call ICE on you, it just means that the odds of that happening are extremely unlikely.

Still, if your status in the US is unlawful then you cannot expect anything less then to be called on that at some time. I suggest that you speak to an immigration lawyer and get on the track of straightening out your immigration status. If not then every day carries the potential for a trip to Krome and an ensuing deportation hearing for you.

I hope that I have been helpful in answering your question.

First, second and third: No attorney-client relationship exists by virtue of any Q&A with Michael A. Haber, Esq. on Avvo. Fourth: Anything that you post on Avvo (or on similar sites) or on any social media is by its nature public. It is essentially an admission / confession and can be introduced into evidence as a statement against your interest in a subsequent legal proceeding. Once posted you lose any reasonable expectation of privacy, so, as this is an open forum (with no privilege attached), please be extra careful when considering what to post online (forewarned is forearmed.) less
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Asker
Posted 1 day ago.
Excellent answer! Thank you, you know your stuff.
Michael Adam Haber
Michael Adam Haber, Criminal Defense Attorney – Miami, FL
Posted about 12 hours ago.
@ Asker: You are most welcome. And thank you for the feedback.

Either way, as to your citation, the best defense for any traffic citation anywhere is to hire a local traffic ticket lawyer. In the 305, where I have been a practicing criminal defense lawyer for 23+ years, I can tell you for certain that there are many skilled and experienced traffic lawyers who know the law, the procedure, the Judge and probably the cop. In short you will almost certainly get both competent representation and a better result for a relatively small fee / investment. Please hire one.

For more than 23 years Michael A. Haber, P.A. has been providing creative, effective and zealous advocacy and counsel in cases ranging from DUI to drug trafficking and from misdemeanors to first degree murder.  


At Michael A. Haber, P.A. “Its all about reasonable doubt”!


Michael A. Haber, Esq. is prepared to speak with you about your case!


Cell: 305-798-2220; Office: 305-381-8686; Toll Free: 1-888-SHARK-8-1






THIS BLOG POST (AS ARE ALL OF HABERPA BLOG POSTS) IS A PUBLIC SERVICE ANNOUNCEMENT WHICH IS PRIMARILY DESIGNED, BY WAY OF REAL WORLD EXAMPLE, TO ASSIST THE GENERAL PUBLIC IN AVOIDING CONDUCT WHICH COULD FORESEEABLY RESULT IN ARREST AND PROSECUTION!  


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Michael A. Haber

At Michael A. Haber, P.A. "it's all about reasonable doubt"! Whether in State or Federal Courts, Michael A. Haber, P.A. strives to ensure that his client's rights are respected and that his clients receive top-tier legal representation and counsel. For more than a quarter of a century I have striven to make Michael A. Haber, P.A. a business that custom tailors its services to meet the needs of the client. This incorporates such things as (but is not limited to) doing my best to meet clients at their convenience (as opposed to mine), in locations and at times which are mutually convenient (sometimes at their homes, places of business, independent ground - having free wifi and excellent coffee any Dunkin Donuts always works for me - and occasionally even at odd hours), structuring fees to reasonably accommodate the parties, making myself personally available to the client as close to 24/7 as is possible and, perhaps most importantly, giving careful and comprehensive consideration to both micro and macro issues in a given case so as to be able to agree upon and effort toward a viable litigation objective. This is why I refer to Michael A. Haber, P.A. proudly providing "boutique criminal defense litigation" (being "a small company that offers highly specialized services"), and this is a large part of Michael A. Haber, P.A.'s mission statement Accordingly, Michael A. Haber, P.A. has provided personalized and boutique legal services to both individuals and entities, primarily in the South Florida area, since 1991. With no history of professional discipline whatsoever, Michael A. Haber, Esq. zealously advocates his client's interests and custom tailors his services to meet each client's particular situation, needs and desires. Toward that end Michael A. Haber, Esq. makes himself directly available to his clients whether in person, over the phone (305-381-8686 or Toll Free 1-888-SHARK-8-1), by cell, verbally or text (305-798-2220), by e-mail ([email protected]) on Facebook ( http://www.facebook.com/haberpa ), on Twittter, (@Sharkjy910) on AOL/IM (Sharky910), and also why I consistently add information to the public on both the Michael A. Haber, P.A. Criminal Michael A Haber PA Criminal DUI Defense Litigation Miami Blog (http://www.habercriminallaw.blogspot.com/) and with my "Webisode" series on YouTube (http://www.youtube.com/c/MichaelHaberLaw), whcih currently features 222 briegf VideoFAQ's on a variety of Criminal Defense, DUI and BUI related topics. When you hire Michael A. Haber, P.A. you get Michael A. Haber, Esq.! And remember, at HaberPA, it's all about reasonable doubt!

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