PDS IMMIGRANT DEFENSE CHART FOR VARIOUS OFFENSES PROSECUTED IN D.C. SUPERIOR COURT TRAFFIC COURT. By Gwendolyn McDowell Washington

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1 OFFENSE STATUTORY DEFINITION PENALTY IMMIGRATION OFFENSE Altered Tags ALTERED TAGS: did alter, with fraudulent intent, any registration, certificate, temporary registration certificate, license plate or plates, or temporary identification tags, issued by the District of Columbia or by any other state or jurisdiction, in violation of 18 DCMR (1995), for which a penalty is provided in 18 DCMR (1995). $300 and/or 10 Attempt LAC-PI ATTEMPT - LEAVING AFTER COLLIDING - PERSONAL INJURY: did attempt to operate a vehicle and, having injured any person therewith, fail to stop and give assistance, together with his/her name, place of residence, including street and number, and the name and address of the owner of the vehicle so operated, or did fail to immediately report the required information to a police station or to any officer within the District of Columbia, in violation of D.C. Code (a) (1) (2001) and (2001). First $500 fine and/or 6 months Second or Subsequent 1 year. Possibly a Crime Involving Moral Turpitude if the client has another conviction constituting a Turpitude that does not arise out of the same scheme or plan. Possibly a Crime Involving Moral course of conduct or if the driver was operating on a suspended license.

2 Attempt OAR ATTEMPT - OPERATING AFTER REVOCATION: did attempt to operate a motor vehicle during the period for which his/her operator's license or right to operate was revoked, in violation of D.C. Code (e) (2001) and (2001). 180 Possibly a Crime Involving Moral course of conduct or if the driver was operating on a suspended license. Attempt OAS ATTEMPT - OPERATING AFTER SUSPENSION: did attempt to operate a motor vehicle during the period for which his/her operator's license was suspended, in violation of D.C. Code (e) (2001) and (2001). Attempt UA ATTEMPT UNLAWFUL POSSESSION OF AMMUNITION: did attempt to possess ammunition without a valid registration certificate, in violation of D.C. Code (2001) and (2001). Attempt UF ATTEMPT UNREGISTERED FIREARM: did attempt to possess or control a firearm without a valid registration certificate, in violation of D.C. Code (a) (2001) and (2001) Not a firearms offense Firearms Immigration Offense. 2

3 Bail Reform Act BAIL REFORM ACT VIOLATION: having previously been released pursuant to the provision of Title 23 of the District of Columbia Code in a Superior Court case, willfully failed to appear before the Court as required, in violation of D.C. Code Misdemeanor: 180 Felony: $5,000 and/or not less than 1 year and not more than 5 years Aggravated Felony is the underlying offense is punishable by at least 5 years or more. Boating - DUI Boating - DWI BOATING UNDER THE INFLUENCE: did operate or was in physical control of a vessel or watercraft, including water skis, aquaplane, sailboard, personal watercraft or similar device in the District, when the person is under the influence of intoxicating liquor or any controlled substance or a combination thereof, in violation of D.C. Code (a) (3) (2001), for which a penalty is provided in D.C. Code (a) (2001). BOATING WHILE INTOXICATED: did operate or was in physical control of a vessel or watercraft, including water skis, aquaplane, sailboard, personal watercraft or similar device in the District when the person s blood contains.08% or more, by weight, of alcohol, or.48 micrograms or more of alcohol in one milliliter of the person s breath, consisting of substantially alveolar air, or when the person s urine contains.13% or more, by weight, of alcohol, in violation of D.C. Code (a) (1), (2) (2001), for which a penalty is provided in D.C. Code (a) (2001). $500 and/or 90 $500 and/or 90 Turpitude if the client has a conviction for another Turpitude if the individual has had his/her boating license revoked or suspended at the time of the offense. See Matter of Lopez-Meza, Int. Dec (BIA December 21, 1999). Turpitude if the client has a conviction for another Turpitude if the individual has had his/her boating license revoked or suspended at the time of the offense. See Matter of Lopez-Meza, Int. Dec (BIA December 21, 1999). 3

4 Boating - Negligent Boating - OWI BOATING - NEGLIGENT: did operate or use a vessel in a negligent manner so as to endanger the life, limb, or property of a person, in violation of 19 DCMR (1995), for which a penalty is provided in 19 DCMR (1995). BOATING WHILE INTOXICATED: did operate or was in physical control of a vessel or watercraft, including water skis, aquaplane, sailboard, personal watercraft or similar device in the District when the person s blood contains.08% or more, by weight, of alcohol, or.48 micrograms or more of alcohol in one milliliter of the person s breath, consisting of substantially alveolar air, or when the person s urine contains.13% or more, by weight, of alcohol, in violation of D.C. Code (a) (1), (2) (2001), for which a penalty is provided in D.C. Code (a) (2001). $300 and/or 10 $300 and/or 10 Turpitude if the client has a conviction for another Turpitude not arising out of the same scheme or Turpitude if the client has a conviction for another Turpitude if the individual has had his/her boating license revoked or suspended at the time of the offense. See Matter of Lopez-Meza, Int. Dec (BIA December 21, 1999). 4

5 Contributing to the delinquency of a minor- Alcohol CONTRIBUTING TO THE DELINQUENCY OF A MINOR - ALCOHOL/DRUG: being 4 or more years older than a minor, did invite, solicit, recruit, assist, support, cause, encourage, enable, induce, advise, incite, facilitate, permit, or allow the minor to possess or consume alcohol or, without a valid prescription, a controlled substance, in violation of D.C. Code (a)(2007), for which penalties are enumerated in D.C. Code (a)(2007)(b). 6 months Domestic Violence Offense - any offense involving the intentional, knowing, reckless, or criminally negligent act or omission that constitutes maltreatment of a child or that impairs a child s physical or mental wellbeing, including sexual abuse or exploitation. See Matter of Velazquez- Herrera, 24 I&N 503, 512 (BIA 2008). Turpitude if the client has a conviction for another Turpitude not arising out of the same scheme or Contributing to the delinquency of a minorviolations of law CONTRIBUTING TO THE DELINQUENCY OF A MINOR - VIOLATE LAW: being 4 or more years older than a minor, did invite, solicit, recruit, assist, support, cause, encourage, enable, induce, advise, incite, facilitate, permit, or allow the minor to violate a criminal law of the District of Columbia for which penalty constitutes a misdemeanor, except for acts of civil disobedience, in violation D.C. Code (a)(2007), for which penalties are enumerated in D.C. Code (a)(2007)(b). 6 months Domestic Violence offense - any offense involving the intentional, knowing, reckless, or criminally negligent act or omission that constitutes maltreatment of a child or that impairs a child s physical or mental wellbeing, including sexual abuse or exploitation. See Matter of Velazquez- Herrera, 24 I&N 503, 512 (BIA 2008). Turpitude if the client has a conviction for another Turpitude not arising out of the same scheme or 5

6 Contrib. minor gang CONTRIBUTING TO THE DELINQUENCY OF A MINOR - JOIN GANG: being 4 or more years older than a minor, did invite, solicit, recruit, assist, support, cause, encourage, enable, induce, advise, incite, facilitate, permit, or allow the minor to join a criminal street gang, in violation of D.C. Code (a) (2007), for which penalties are enumerated in D.C. Code (a) (2007) (b). 6 months Domestic Violence Offense- any offense involving the intentional, knowing, reckless, or criminally negligent act or omission that constitutes maltreatment of a child or that impairs a child s physical or mental wellbeing, including sexual abuse or exploitation. See Matter of Velazquez- Herrera, 24 I&N 503, 512 (BIA 2008). Contrib. minor order CONTRIBUTING TO THE DELINQUENCY OF A MINOR - VIOLATE COURT ORDER: being 4 or more years older than a minor, did invite, solicit, recruit, assist, support, cause, encourage, enable, induce, advise, incite, facilitate, permit, or allow the minor to violate a court order, in violation of D.C. Code (a)(2007), for which penalties are enumerated in D.C. Code (a)(2007)(b). 6 months Turpitude if the client has a conviction for another Turpitude not arising out of the same scheme or Domestic Violence Offense - any offense involving the intentional, knowing, reckless, or criminally negligent act or omission that constitutes maltreatment of a child or that impairs a child s physical or mental wellbeing, including sexual abuse or exploitation. See Matter of Velazquez- Herrera, 24 I&N 503, 512 (BIA 2008). Turpitude if the client has a conviction for another Turpitude not arising out of the same scheme or 6

7 Contrib. minor runaway CONTRIBUTING TO THE DELINQUENCY OF A MINOR - RUNAWAY: being 4 or more years older than a minor, did invite, solicit, recruit, assist, support, cause, encourage, enable, induce, advise, incite, facilitate, permit, or allow the minor to run away for the purpose of criminal activity, in violation of D.C. Code (a)(2007), for which penalties are enumerated in D.C. Code (a)(2007)(b). 6 months Domestic Violence Offense - any offense involving the intentional, knowing, reckless, or criminally negligent act or omission that constitutes maltreatment of a child or that impairs a child s physical or mental wellbeing, including sexual abuse or exploitation. See Matter of Velazquez- Herrera, 24 I&N 503, 512 (BIA 2008). Turpitude if the client has a conviction for another Turpitude not arising out of the same scheme or 7

8 Contrib. minor - truant CONTRIBUTING TO THE DELINQUENCY OF A MINOR - TRUANT: being 4 or more years older than a minor, did invite, solicit, recruit, assist, support, cause, encourage, enable, induce, advise, incite, facilitate, permit, or allow the minor to be truant from school, in violation of D.C. Code (a)(2007), for which penalties are enumerated in D.C. Code (a)(2007)(b). 6 months Domestic Violence Offense - any offense involving the intentional, knowing, reckless, or criminally negligent act or omission that constitutes maltreatment of a child or that impairs a child s physical or mental wellbeing, including sexual abuse or exploitation. See Matter of Velazquez- Herrera, 24 I&N 503, 512 (BIA 2008). Discharge of Firearm Without Permit DISCHARGE OF FIREARM WITHOUT PERMIT: did discharge or set off a gun, air gun, rifle, air rifle, pistol, revolver, or other firearm, cannon or torpedo without a special written permit from the Chief of Police, in violation of 24 DCMR (1995), for which a penalty is provided in 24 DCMR (1995). Turpitude if the client has a conviction for another Turpitude not arising out of the same scheme or $300 fine only Firearms Offense. Possibly a Crime Involving Moral Turpitude if the firearm was discharged into an occupied dwelling or vehicle. 8

9 Disorderly - Order and Decorum Disorderly Conduct - Nighttime ORDER AND DECORUM - DISORDERLY: did willfully and knowingly utter loud, threatening, or abusive language, or engage in disorderly or disruptive conduct within a building or part of a building owned or under the control of the District of Columbia with the intent to impede, disrupt, or disturb the orderly conduct of a meeting, hearing, or other proceeding of the Council of the District of Columbia or of a committee or subcommittee thereof, or the orderly conduct of official business of an officer, employee, or agency of the District of Columbia, in violation of 1 DCMR (a) (1995), for which a penalty is provided in 1 DCMR (1995). DISORDERLY CONDUCT NIGHTTIME: did, with the intent to provoke a breach of the peace, or under circumstances such that a breach of the peace might be occasioned thereby, shout or make a noise during the nighttime to the annoyance or disturbance of any considerable number of persons, in violation of D.C. Code (3) (2001), for which a penalty is provided in D.C. Code (2001). $300 or 10 $250 and/or 90 9

10 Disorderly Conduct - Fighting Disorderly Conduct General Disorderly Disorderly Conduct - Jostling DISORDERLY CONDUCT - FIGHTING: did, with the intent to provoke a breach of the peace, or under circumstances such that a breach of the peace might be occasioned thereby, act in a manner as to annoy, disturb, interfere with, obstruct and be offensive to others by fighting, in violation of D.C. Code (1) (2001). DISORDERLY CONDUCT GENERAL DISORDERLY: did, with the intent to provoke a breach of the peace, or under circumstances such that a breach of the peace might be occasioned thereby, act in a manner as to annoy, disturb, interfere with, obstruct and be offensive to others, in violation of D.C. Code (1) (2001). DISORDERLY CONDUCT JOSTLING: did, with the intent to provide a breach of the peace, or under circumstances such that a breach of the peace may be occasioned thereby, interfere with a certain person by jostling against such person or unnecessarily crowding such person or by placing a hand in the proximity of such person s pocketbook or handbag in violation of D.C. Code (4) (2001). $250 and/or 90 $250 and/or 90 $250 and/or 90 10

11 Disorderly Conduct Loud and Boisterous Disorderly Conduct- Peeping Tom Disorderly Conduct - Profane Language DISORDERLY CONDUCT LOUD AND BOISTEROUS: did, with the intent to provoke a breach of the peace, or under circumstances such that a breach of the peace might be occasioned thereby, act in a manner as to annoy, disturb, interfere with, obstruct and be offensive to others by being loud and boisterous, in violation of D.C. Code (1) (2001). DISORDERLY CONDUCT PEEPING TOM: did, with the intent to provoke a breach of the peace, or under circumstances such that a breach of the peace might be occasioned thereby, act in a manner as to annoy, disturb, interfere with, obstruct and be offensive to others by acting as a Peeping Tom, in violation of D.C. Code 1321 (1) (2001). PROFANE LANGUAGE: did curse, swear, or make use of profane language or indecent or obscene words, or engage in any disorderly conduct on any street, avenue, alley, road, highway, public park or enclosure, public building, church, or assembly room, or in any other public place, or in any place wherefrom the same may be heard in any street, avenue, alley, road, highway, public park or enclosure, or other building, or in any premises other than those where the offense was committed, in violation of D.C. Code (2001). $250 and/or 90 $250 and/or 90 $250 and/or 90 11

12 Disorderly Conduct Public Conveyance Disorderly Conduct Urinating in Public Drinking in Public Drinking in Public - Vehicle DISORDERLY CONDUCT PUBLIC CONVEYANCE: did, with the intent to provoke a breach of the peace, or under circumstances such that a breach of the peace might be occasioned thereby, cause a disturbance in a public conveyance by running through it, climbing through windows or upon the seats, or otherwise annoying passengers or employees, in violation of D.C. Code (5) (2001). DISORDERLY CONDUCT URINATING IN PUBLIC: did, with the intent to provoke a breach of the peace, or under circumstances such that a breach of the peace might be occasioned thereby, act in a manner as to annoy, disturb, interfere with, obstruct and be offensive to others by urinating in public, in violation of D.C. Code (1) (2001). DRINKING IN PUBLIC: did drink an alcoholic beverage in public in or upon a street, alley, park, sidewalk, or parking area, in violation of D.C. Code (a), for which a penalty is provided in D. C. Code (d) (2001). DRINKING IN PUBLIC: did drink an alcoholic beverage in public in a vehicle, in or upon a street, an alley, a park, or a parking area, in violation of D.C. Code (a) (2) (2001), for which a penalty is provided in D. C. Code (d) (2001). $250 and/or 90 $250 and/or 90 $500 and/or 90 $500 and/or 90 12

13 Driving Under the Influence DRIVING UNDER THE INFLUENCE: did operate or was in physical control of a vehicle while under the influence of an intoxicating liquor, a drug, or the combination of intoxicating liquor and a drug, in violation of D.C. Code (b) (1) (2001). First $300 and 90 (5 if.20^ or 10 if.25^). Second $1,000-5,000 fine and 5 (up to 1 year or 30 Community Service) (10 if.20^ or 20 if.25^) Possibly a Crime Involving Moral Turpitude if the offense was done while the individual committed the offense without a valid driver s license. Third $2,000-10,000 fine and 10 (up to 1 year or 30 Community Service) (15 if.20^ or 25 if.25^). 13

14 Driving While Intoxicated DRIVING WHILE INTOXICATED: did operate or was in physical control of a vehicle while his/her blood contained at least.08 percent or more, by weight of alcohol, or while.38 micrograms or more of alcohol were contained in 1 millimeter of the individual's breath, or while the individual's urine contained, at least.10 percent or more by weight of alcohol, in violation of D.C. Code (b) (1) (2002 Supp.). First $300 and 90 (5 if.20^ or 10 if.25^) Second $1,000-5,000 fine and 5 (up to 1 year or 30 Community Service) (10 if.20^ or 20 if.25^). Possibly a Crime Involving Moral Turpitude if the offense was done while the individual committed the offense without a valid driver s license. Third $2,000-10,000 fine and 10 (up to 1 year or 30 Community Service) (15 if.20^ or 25 if.25^). 14

15 Driving While Intoxicated Under 21 DRIVING WHILE INTOXICATED - UNDER 21: did operate or was in physical control of a vehicle while under 21 years-of-age, while his/her blood, breath or urine contained a measurable amount of alcohol, in violation of D.C. Code (b) (1) (2002 Supp.). First $300 and 90 (5 if.20^ or 10 if.25^). Second $1,000-5,000 fine and 5 (up to 1 year or 30 Community Service) (10 if.20^ or 20 if.25^). Possibly a Crime Involving Moral Turpitude if the offense was done while the individual committed the offense without a valid driver s license. Third $2,000-10,000 fine and 10 (up to 1 year or 30 Community Service) (15 if.20^ or 25 if.25^). 15

16 Employment of Minors Failure to Make Report - Sexual Abuse EMPLOYMENT OF MINORS: did employ, permit, or suffer to work, a minor under 14 years of age in connection with a gainful occupation, not including housework performed outside of school hours in the hours in the home of the minor s parent or legal guardian or agricultural work performed outside of school hours in connection with the minor s own home and directly for the minor s parent of legal guardian or distribution of newspapers outside of school hours if the minor is over 10 years of age, in violation of D.C. Code (2001), for which a penalty is provided in D.C. Code (b)(2001). FAILURE TO MAKE REPORT: did willfully fail to make an immediate report to the Metropolitan Police Department or the Child and Family Services Agency when s/he knew or had reasonable cause to suspect that a child known to him or her in his or her professional or official capacity has been or is in immediate danger of being the victim of sexual abuse or attempted sexual abuse prohibited by D.C. Code et.seq., in violation of D.C. Code (e) (2007 supp.) for which a penalty is provided in D.C. Code (2001). First $1,000 - $3,000 and/or Second $3,000 - $5,000 and/or $100 and/or 30 Domestic Violence Offense any offense involving the intentional, knowing, reckless, or criminally negligent act or omission that constitutes maltreatment of a child or that impairs a child s physical or mental well-being, including sexual abuse or exploitation. See Matter of Velazquez-Herrera, 24 I&N 503, 512 (BIA 2008). Domestic Violence Offense any offense involving the intentional, knowing, reckless, or criminally negligent act or omission that constitutes maltreatment of a child or that impairs a child s physical or mental wellbeing, including sexual abuse or exploitation. See Matter of Velazquez- Herrera, 24 I&N 503, 512 (BIA 2008). 16

17 False Police Report False Representation to DC government Fleeing Felony FALSE REPORT TO POLICE: did willfully or knowingly make or caused to be made, communicate or cause to be communicated, to the Metropolitan Police force, or to an officer or member thereof, a false or fictitious report of the commission of a criminal offense within the District of Columbia, or of any other matter or occurrence of which the Metropolitan Police force is required to receive reports, or in connection with which the Metropolitan Police force is required to conduct an investigation, in violation of D.C. Code (2001). FALSE REPRESENTATION: did make or present to an officer or employee of the District of Columbia government, or to a department or agency thereof, a claim upon or against the District of Columbia, or a department of agency thereof, knowing such claim to be false, fictitious, or fraudulent, in violation of D.C. Code (2001). FLEEING - FELONY: did knowingly fail or refuse to bring a motor vehicle to an immediate stop, or flee or attempt to elude a law enforcement officer, following a law enforcement officer s signal to bring the motor vehicle to a stop, and while doing so, operated the motor vehicle in a reckless manner or caused property damage or bodily injury, in violation of D.C. Code b (b) (1), (2) (2001). $300 or 30 $100,000 and 1 year $5,000 and/or 5 years Possibly a Crime Involving Moral Possibly a Crime Involving Moral Aggravated Felony if a sentence of at least one year is imposed. Turpitude. An aggravated Felony if a sentence of at least one year or more is imposed. 17

18 Fleeing Misdemeanor Gambling Improper Tags FLEEING - MISDEMEANOR: did knowingly fail or refuse to bring a motor vehicle to an immediate stop, or flee or attempt to elude a law enforcement officer, following a law enforcement officer s signal to bring the motor vehicle to a stop, in violation of D.C. Code b (b) (1) (2001). GAMBLING: did participate in a game of chance for money or property with dice, cards, or any gambling table or other gambling device adopted, devised, and designed for the purpose of playing any game of chance for money or property upon any public property or highway, or upon any vacant or unoccupied property that is so near to a public highway that it is seen or heard from the highway, in violation of 19 DCMR (1996), for which a penalty is provided in 19 DCMR (1996). IMPROPER TAGS: did operate, or cause to be operated, a motor vehicle which displays, on the front or rear thereof, a tag or plate issued by the District, federal, state, territorial or foreign government, or any agency or political subdivision thereof as evidence of the registration of such vehicle, when the registration has expired, in violation of 18 DCMR (1995), for which a penalty is provided in 18 DCMR (1995). 180 $300 and/or 10 Turpitude if the individual has another conviction of a Turpitude if the conduct does not arise out of a single scheme or course of conduct. Various gambling crimes are considered violations of regulatory statutes, but are not considered Crimes Involving Moral 18

19 Incommoding - Disorderly Conduct Incommoding - Unlawful Assembly Indecent Exposure - Adult DISORDERLY CONDUCT INCOMMODING: did, with the intent to provoke a breach of the peace, or under circumstances such that a breach of the peace might be occasioned thereby, congregate with others on a public street and refuse to move on when ordered by the police, in violation of D.C. Code (2) (2001), for which a penalty is provided in D.C. Code (2001). INCOMMODING - UNLAWFUL ASSEMBLY: did congregate and assemble in any street, avenue, alley, road, or highway, or in or around any public building or enclosure, or any park or reservation, or at the entrance of any private building or enclosure, and crowd, obstruct, or incommode, the free use of any such street, avenue, alley, road, highway, or any of the foot pavements thereof, or the free entrance into any public or private building or enclosure, in violation of D.C. Code (2001). INDECENT EXPOSURE - ADULT: did make an obscene or indecent exposure of his/her person, in violation of D.C. Code (a) (2001). $250 and/or 90 $250 and/or 90 $300 and/or 90 Possibly a Crime Involving Moral 19

20 Indecent Exposure - Minor Indecent Sexual Proposal - Adult Indecent Sexual Proposal - Minor INDECENT EXPOSURE - MINOR: did make an obscene or indecent exposure of his/her person, in the presence of a child under the age of sixteen years, in violation of D.C. Code (a) (2001), for which a penalty is provided in D.C. Code (b) (2001). INDECENT SEXUAL PROPOSAL - ADULT: did make a lewd, obscene, or indecent sexual proposal, in violation of D.C. Code (a) (2001). INDECENT SEXUAL PROPOSAL - MINOR: did make a lewd, obscene, or indecent sexual proposal, in the presence of a child under the age of sixteen years, in violation of D.C. Code (a) (2001), for which a penalty is provided in D.C. Code (b) (2001). 1 year $300 and/or 90 1 year Turpitude. Domestic Violence Offense - any offense involving the intentional, knowing, reckless, or criminally negligent act or omission that constitutes maltreatment of a child or that impairs a child s physical or mental wellbeing, including sexual abuse or exploitation. See Matter of Velazquez- Herrera, 24 I&N 503, 512 (BIA 2008). Possibly a Crime Involving Moral Turpitude Domestic Violence Offense - any offense involving the intentional, knowing, reckless, or criminally negligent act or omission that constitutes maltreatment of a child or that impairs a child s physical or mental wellbeing, including sexual abuse or exploitation. See Matter of Velazquez- Herrera, 24 I&N 503, 512 (BIA 2008). 20

21 Intoxication No Permit No Permit Commercial INTOXICATION: was intoxicated and did endanger the safety of himself, herself, or any other person or property, in violation of D.C. Code (c), for which a penalty is provided in D. C. Code (d) (2001). NO PERMIT: did operate a motor vehicle without having first obtained a permit to do so, in violation of D.C. Code (d) (2001). NO PERMIT COMMERCIAL: being domiciled in the District of Columbia, did operate a commercial motor vehicle without first obtaining a commercial driver s license, in violation of D.C. Code (a) (2001), for which a penalty is provided in D.C. Code (b) (2001). $500 and/or 90 $300 and/or 90 First $100 and/or 6 months Second $500 and/or not less than 6 and not more than 9 months Possibly a Crime Involving Moral Turpitude if the individual has a conviction for No Tags OPERATING WITHOUT IDENTIFICATION TAGS: did operate a motor vehicle or trailer without having attached thereto and displayed thereon the required identification tags, in violation of D.C. Code (a) (1) (B) (2001), for which a penalty is provided in D.C. Code (b) (2001). Third not less than 9 months and not more than 1 year

22 Obtaining Permit by Misrepresentation Operating After Revocation Operating After Suspension OBTAIN PERMIT BY MISREPRESENTATION: did obtain, attempt to obtain, or aid, assist or attempt to assist another person to obtain a motor vehicle license by misrepresentation, in violation of 18 DCMR (1995). OPERATING AFTER REVOCATION: did operate a motor vehicle during the period for which his/her operator s license or right to operate was revoked, in violation of D.C. Code (e) (2001). OPERATING AFTER SUSPENSION: did operate a motor vehicle during the period for which his/her operator's license or right to operate was suspended, in violation of D.C. Code (e) (2001). $5,000 and/or 1 year $5,000 and/or1 year Serna, 20 I&N Dec. 579 (BIA 1992). 22

23 Operating While Impaired OPERATING WHILE IMPAIRED: did operate or was in physical control of a vehicle while his/her ability to operate a vehicle was impaired by the consumption of intoxicating liquor, in violation of D.C. Code (b) (2) (2001). First Not less than $200 and not more than $300 Second within 15 years of the first offensenot less than $300 and not more than $500 with not less than 5 and not more than 1 year with 30 of community service Possibly a Crime Involving Moral Turpitude if the offense was done while the individual committed the offense without a valid driver s license. Third within 15 years of the second offense not less than $1,000 and not more than $5,000 and not less than 10 and not more than 1year with 60 of community service. 23

24 Peddling Drugs Possession of BB Gun Possession of Destructive Device PEDDLING DRUGS: did sell or offer for sale by peddling, or offer for sale from house to house, or offer for sale by public outcry, or by vending in the street, any drug, medicine, chemical, or controlled substance, or any compound or combination thereof, in violation of D.C. Code (2001), for which a penalty is provided in D.C. Code (2001). POSSESSION OF BB GUN: did have in his/her possession outside a building an air rifle, air gun, air pistol, BB gun, spring gun, blow gun, bow gun, or any similar type gun, in violation of 24 DCMR (1995), for which, a penalty is provided in 24 DCMR (1995). POSSESSION OF DESTRUCTIVE DEVICE: did possess or control a destructive device without a valid registration certificate, in violation of D.C. Code (a) (2001) and D.C. Code (7) (2001), for which a penalty is provided in D.C. Code (2001). $500 and/or 6 months Drug Offense $300 fine only Not a Firearms offenses because the Firearms Offense category does not encompass imitation firearms and air pistols. 1 year Firearms Offense. 24

25 Unlawful Sales and Transfers of Firearms or Destructive Device to a Minor UNLAWFUL SALE OR TRANSFER OF FIREARM OR DESTRUCTIVE DEVICE: did sell, transfer or otherwise dispose of a firearm or a destructive device in violation of D.C. Code (2001), for which a penalty is provided in D.C. Code (2001). $10,000 and/or 10 years Firearms Offense. Domestic Violence Offense - any offense involving the intentional, knowing, reckless, or criminally negligent act or omission that constitutes maltreatment of a child or that impairs a child s physical or mental wellbeing, including sexual abuse or exploitation. See Matter of Velazquez- Herrera, 24 I&N 503, 512 (BIA 2008). Possession of Open Container of Alcohol Possession of Open Container of Alcohol Vehicle POSSESSION OF OPEN CONTAINER OF ALCOHOL: did possess an alcoholic beverage, in an open container, in or upon a street, alley, park, sidewalk, or parking area, in violation of D.C. Code (a) (1) (2001), for which a penalty is provided in D.C. Code (d) (2001). POSSESSION OF AN OPEN CONTAINER OF ALCOHOL - VEHICLE: did possess an alcoholic beverage, in an open container, in a vehicle, in or upon a street, an alley, a park, or a parking area, in violation of D.C. Code (a) (2) (2001), for which a penalty is provided in D.C. Code (d) (2001). $500 and/or 90 $500 and/or 90 25

26 Engaging in Prostitution or Soliciting for Prostitution ENGAGING IN PROSTITUTION OR SOLICITING FOR PROSTITUTION: did engage in prostitution or to solicit for prostitution. First $500 and/or 90 Second $750 and/or 135 Turpitude if the individual has a conviction for Prostitution Free Zone PROSTITUTION FREE ZONE VIOLATION: did congregate in a group of 2 or more persons on public space or public property within the perimeter of a prostitution free zone and did thereafter fail to disperse after being instructed to disperse by a uniformed officer, or a nonuniformed officer upon display of identification, who reasonably believes the person is congregating for the purpose of engaging in prostitution or prostitution-related offenses, in violation of D.C. Code (2007). Third 180 $300 and/or 6 months Turpitude if the individual has a conviction for 26

27 Providing Alcohol to a Minor PROVIDING ALCOHOL TO A MINOR: did, being an ABC licensee or designee thereof, offer, give, provide, or otherwise make available an alcoholic beverage to a person who is under twenty-one years of age, in violation of D.C. Code (b) (2001), for which a penalty is provided in D.C. Code (c) (2001). First 180 Second within 2 years of the first offense - $2,500 and/or 180 Third within 2 years of the second offense - $5,000 and/or 1 year. Possibly a Domestic Violence Offense - any offense involving the intentional, knowing, reckless, or criminally negligent act or omission that constitutes maltreatment of a child or that impairs a child s physical or mental wellbeing, including sexual abuse or exploitation if the under aged person is also a minor. See Matter of Velazquez-Herrera, 24 I&N 503, 512 (BIA 2008). Purchasing Alcohol for a Minor PURCHASING ALCOHOL FOR A MINOR: did, without an ABC license, purchase an alcoholic beverage for the purpose of delivering the alcoholic beverage to a person who is under twenty-one years of age, in violation of D.C. Code (a) (2001), for which a penalty is provided in D.C. Code (c) (2001). First 180 Second within 2 years of the first offense - $2,500 and/or 180 Third within 2 years of the second offense - $5,000 and/or 1 year. Possibly a Domestic Violence Offense - any offense involving the intentional, knowing, reckless, or criminally negligent act or omission that constitutes maltreatment of a child or that impairs a child s physical or mental wellbeing, including sexual abuse or exploitation if the underage person is also a minor. See Matter of Velazquez-Herrera, 24 I&N 503, 512 (BIA 2008). 27

28 Reckless Driving Sell/Deliver Alcohol to a Minor RECKLESS DRIVING: did operate a vehicle upon a highway carelessly and heedlessly in willful or wanton disregard of the rights or safety of others, or without due caution and circumspection and at a speed or in a manner so as to endanger or be likely to endanger any person or property, in violation of D.C. Code (b) (2001), for which a penalty is provided in D.C. Code (c) (2001). SELL/DELIVER ALCOHOL TO A MINOR: did sell or deliver an alcoholic beverage to a person under twenty-one years of age, in violation of D.C. Code (a) (1) (2001), for which a penalty is provided in D.C. Code (c) (2001). First $500 and/or 3 months Second within 2 years of the first offense - 1 year Third within 2 years of the first offense - $3,000 and/or 1 year. First 180 Second within 2 years of the first offense - $2,500 and/or 180 Third within 2 years of the previous offense - $5,000 and/or 1 year. Turpitude if the individual has a previous conviction for a Crime Involving Moral Turpitude not arising out of the same scheme or course of conduct. Turpitude for Second and subsequent offenses. Possibly a Domestic Violence Offense - any offense involving the intentional, knowing, reckless, or criminally negligent act or omission that constitutes maltreatment of a child or that impairs a child s physical or mental wellbeing, including sexual abuse or exploitation if the underage person is also a minor. See Matter of Velazquez-Herrera, 24 I&N 503, 512 (BIA 2008). 28

29 Soliciting Ticket Sales Unlawful Possession of Ammunition Unregistered Firearm Vendor - Peddling Drug Implements SOLICITING TICKET SALES: did sell or offer to sell tickets from the sidewalk, street, or public space in the District of Columbia for an excursion, theatrical performance, opera, ball game, or any other entertainment, in violation of 24 DCMR (1995), for which a penalty is provided in 24 DCMR (1995). UNLAWFUL POSSESSION OF AMMUNITION: did possess ammunition without being the holder of a valid registration certificate for a firearm of the same gauge or caliber, in violation of D.C. Code (2001), for which a penalty is provided in D.C. Code (2001). POSSESSION OF UNREGISTERED FIREARM: did possess or control a firearm without holding a valid registration certificate for the firearm, in violation of D.C. Code (a) (2001), for which a penalty is provided in D.C. Code (2001). VENDOR PEDDLING DRUG IMPLEMENTS: being a vendor, did sell drug paraphernalia, in violation of 24 DCMR (i) (1995), for which a penalty is provided in 24 DCMR (1995). 1 year 1 year Not a Firearms Offense for Immigration Purposes. Firearms Offense. $300 fine only Drug Offense. 29

30 Welfare Fraud Fraud in Obtaining Public Assistance Welfare Fraud Food Stamp Violation WELFARE FRAUD FALSE STATEMENT: did, with the intent to defraud and by means of a false statement to the District of Columbia, Department of Human Services, obtain or attempt to obtain a grant or payment of public assistance to which he/she was not entitled, or a larger amount of public assistance than that to which he/she was entitled, in violation of D.C. Code (a) (2001). WELFARE FRAUD FOOD STAMP VIOLATION: did knowingly use, transfer, acquire and/or possess food stamp coupons or an access device in a manner not authorized by the Food Stamp Act of 1964, or by any regulation issued pursuant to that Act, in violation of D.C. Code (a)(2001). $500 and/or 1 year $500 and/or 1 year Turpitude. Crime Involved Moral Turpitude 30