Legal Question in DUI Law in California

Is DUI considered traffic violation

I was convicted of DUI in California three years back.

I then got a job and then moved to Minnesota.

Now I am applying for a Green Card.

There is following question in one of the Green Card Applications.

''have you been arrested, cited, charged, indicted, fined or imprisoned for breaking or violating any law or ordinance, excluding a traffic violation''

I don't know answer to above question.

I would appreciate if you could provide me answers to following questions

1. Is DUI considered a traffic violation in California

2. Is DUI considered a traffic violation in Minnesota

Thanks


Asked on 3/25/03, 5:49 pm

4 Answers from Attorneys

David Kelly-952-544-6356 Kelly Law Office

Re: Is DUI considered traffic violation

In Minnesota it's a lot more than just a traffic offense. The first offense is a misdemeanor, and the fourth offense can even be a felony. It's serious business, and they are making it more serious all the time.

Good luck.

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Answered on 3/26/03, 12:41 pm
Thomas C. Gallagher Gallagher Criminal Defense

Re: Is DUI considered traffic violation

Your question says you were convicted of DUI in California, and relates to whether that "conviction" would be considered "traffic violation" or other criminal law. Therefore it seems that California law and federal law are what matters (not Minnesota law).

As a general matter of interpreting what they mean by: ''have you been arrested, cited, charged, indicted, fined or imprisoned for breaking or violating any law or ordinance, excluding a traffic violation'' I would interpret their use of the term "traffic violation," in the context of that question, to mean what is called a "petty misdemeanor" in Minnesota law, which is a civil violation (not a criminal charge) for which a person can only be fined, but not arrested or jailed for violating. If that interpretation is correct, and if you can be arrested and jailed for DUI in California, then the correct answer to that question is likely to be "yes."

You would be well advised to seek opinions from a California criminal lawyer and an immigration lawyer in Minnesota or any state, regarding your question.

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Answered on 3/26/03, 4:06 pm
Michael Richmond The Law Offices of Michael A. Richmond

Re: Is DUI considered traffic violation

Unfortunately it is not considered a traffic violation.

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Answered on 3/25/03, 5:52 pm
Terry A. Nelson Nelson & Lawless

Re: Is DUI considered traffic violation

No, it is not a traffic violation, it is a misdemeanor crime, punishable by jail time.

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Answered on 3/25/03, 7:01 pm


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