Legal Question in Immigration Law in California

Re: Was Ticketed For Drunk Driving & Left Country...Can He Return?

If he's entitled to come back on the same visa, immigration authorities won't know and he'll just be admitted. There's probably a bench warrant for his arrest right now in California. If he drives again and get stopped by the police, he'll probably be arrested.

Liem Doan, Esq.

Re: Was Ticketed For Drunk Driving & Left Country...Can He Return?

Thanks for your posting. The best advise I can give you and your friend is to get an attorney, and I'll explain why in a second.

What happened when your friend failed to show up to his court appearance, is that a warrant was issued for his arrest. This means that he is subject to being arrested anywhere here in the United States. He can even be extradited to the United States from France, although that would almost never happen for only a misdemeanor DUI case.

I represented someone a few years ago from France who had a felony theft case and went back to France. I brought a "Serna" motion based upon a violation of the statute of limitations and his right to a speedy trial, (cases normally have to be brought to trial within a certain time limit), and won a dismissal of the entire case.

For that reason I think it's to your friend's benefit to get an attorney. With a misdemeanor, an attorney can make all the appearances without him being there, and clear up this case, or get it dismissed, BEFORE he gets in the U.S., and he won't have to worry about it.

If you have any questions, feel free to call me at my San Diego number, at 858-546-2870 or email me. I'm happy to help however I can.