Tuesday, February 14, 2017

Ithaca DWI Lawyer: Is a New York DWI a Crime of Violence?

Deported for DWI?
from geygan.net
Well the crime of DWI has made the front page of news once again. Concerns over potential offenses that can trigger deportation has Mayor De Blasio on the defense. New York State now has a list of 170 deportable offenses. Most are the most heinous of felonies. These are crimes like rape, sexual misconduct, and sexual abuse but some are not like welfare fraud and identity theft. Well what anyone considers a crime of violence or a crime of moral turpitude or one that should in fact make someone deportable is highly subjective. Should a first time New York DWI be on that list of deportable offenses?

Mayor De Blasio is Willing to Expand Upon the 170 Deportable Felony Level Offenses 

Well the majority of those deportable offenses are currently crimes involving weapons, terror, violence, and major drugs. I have an issue with the hypocrisy in government. Well in truth we are all hypocrites. I will be honest I have been accused of lop sided reasoning by both my wife and adult children.

So what about the Mayor, well he is ok with still making those who jump turnstiles (toll jumping) in Manhattan guilty of a misdemeanor instead of being charged civilly. He has directed the police to charge them with misdemeanors. What this means is that those people who are multiple offenders can be potentially up for deportation. Permanent legal residents could be deported for fare-beating. That's pretty radical for a guy that is challenging Trump's executive order.

Is a New York DWI the Next Deportable Offense?

Many people are now mad at Mayor De Blasio because when he was asked whether a DWI should be on the list of deportable offenses and he answered

New York City Mayor Bill DeBlasio told CNN's Jake Tapper that it is OK to shield undocumented immigrants who drive drunk from federal authorities if it does not "lead to any other negative outcome." 

In all fairness, Mayor De Blasio wasn't really given an opportunity to explain his answer. He meant that if this DWI did not cause death and destruction which many do not then it is not a crime that should be on the list. Some victims of DWI have spoken out against the Mayor's viewpoint. These victims of DWI have lost limbs and loved ones to these tragic events.

Is a First Time New York DWI a Minor Offense?

As it stands only a New York felony (two DWIs within ten years) may be considered a deportable offense. The facts and circumstances of a person's situation would need to be looked at by an immigration attorney. This will also include if someone has a long term issue with alcoholism or drug abuse. Generally speaking a "First Time" DWI is not a deportation crime because most do not cause actual harm. Most first time DWI offenses are crimes punishing the potential harm of a DWI to society.

DWI that results in an Accident is the worst
De Blasio labeled a first time drunk driver as a minor offense as long as the consequences of that DWI were not negative. He has gotten a lot of bad press over his comments, especially from MADD.

Public opinion is strong when it comes to drunk driving. Most judges and prosecutors depending upon the type of DWI could hold community or moral bias towards this particular offense. When I speak of the type of DWI which brings bias, I usually mean a drunk or drug impaired driving incident involving an accident.

If that accident also involved harm to people or even just the driver this fuels the argument that a DWI is not merely a minor or non-violent offense.