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PDS IMMIGRANT DEFENSE CHART FOR VARIOUS OFFENSES PROSECUTED IN
D.C. SUPERIOR COURT TRAFFIC COURT
By Gwendolyn McDowell Washington
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 § 1104.2
(1995), for which a penalty is
provided in 18 DCMR § 1110.1
(1995).
$300 and/or 10
days
Possibly a Crime Involving
Moral Turpitude if the
client has another
conviction constituting a
Crime Involving Moral
Turpitude that does not
arise out of the same
scheme or plan.
Violations of regulatory
statutes are not considered
Crimes Involving Moral
Turpitude. See Matter of
Gagliotti, 10 I&N Dec.
719 (BIA 1964).
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 §§ 50-
2201.05 (a) (1) (2001) and 22-
1803 (2001).
First Offense: $500 fine
and/or 6
months
Second or
Subsequent
Offense: $1,000 and/or
1 year.
Violations of regulatory
statutes are not considered
Crimes Involving Moral
Turpitude. See Matter of
Gagliotti, 10 I&N Dec.
719 (BIA 1964).
Possibly a Crime
Involving Moral
Turpitude if coupled with
another CIMT not arising
out of a single scheme or
course of conduct or if the
driver was operating on a
suspended license.
PDS IMMIGRANT DEFENSE CHART FOR VARIOUS OFFENSES PROSECUTED IN
D.C. SUPERIOR COURT TRAFFIC COURT
By Gwendolyn McDowell Washington
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to operate was revoked, in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 §§ 50-
1403.01 (e) (2001) and 22-1803
(2001).
$1,000 and/or
180 days
Violations of regulatory
statutes are not considered
Crimes Involving Moral
Turpitude. See Matter of
Gagliotti, 10 I&N Dec.
719 (BIA 1964).
Possibly a Crime
Involving Moral
Turpitude if coupled with
another CIMT not arising
out of a single scheme or
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 §§ 50-1403.01 (e) (2001)
and 22-1803 (2001).
$1,000 and/or
180 days
Violations of regulatory
statutes are not considered
Crimes Involving Moral
Turpitude. See Matter of
Gagliotti, 10 I&N Dec.
719 (BIA 1964).
Attempt UA ATTEMPT – UNLAWFUL
POSSESSION OF
AMMUNITION: did attempt to
possess ammunition without a
valid registration certificate, in
violation of D.C. Code §§ 7-
2506.01 (2001) and 22-1803
(2001).
$1,000 and/or
180 days Not a firearms offense
Attempt UF ATTEMPT –
UNREGISTERED FIREARM:
did attempt to possess or control a
firearm without a valid
registration certificate, in
violation of D.C. Code §§ 7-
2502.01 (a) (2001) and 22-1803
(2001).
$1,000 and/or
180 Firearms Immigration
Offense.
PDS IMMIGRANT DEFENSE CHART FOR VARIOUS OFFENSES PROSECUTED IN
D.C. SUPERIOR COURT TRAFFIC COURT
By Gwendolyn McDowell Washington
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 §23-1327.
Misdemeanor: $1,000 and/or
180 days
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 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 § 25-1004
(a) (3) (2001), for which a penalty
is provided in D.C. Code § 25-
1007 (a) (2001).
$500 and/or 90
days Crime Involving Moral
Turpitude if the client has
a conviction for another
Crime Involving Moral
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.
3423 (BIA December 21,
1999).
Boating - DWI 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 § 25-1004
(a) (1), (2) (2001), for which a
penalty is provided in D.C. Code
§ 25-1007 (a) (2001).
$500 and/or 90
days Crime Involving Moral
Turpitude if the client has
a conviction for another
Crime Involving Moral
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.
3423 (BIA December 21,
1999).
PDS IMMIGRANT DEFENSE CHART FOR VARIOUS OFFENSES PROSECUTED IN
D.C. SUPERIOR COURT TRAFFIC COURT
By Gwendolyn McDowell Washington
4
Boating -
Negligent 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 § 1026.3 (1995), for
which a penalty is provided in 19
DCMR § 1000.4 (1995).
$300 and/or 10
days Crime Involving Moral
Turpitude if the client has
a conviction for another
Crime Involving Moral
Turpitude not arising out
of the same scheme or
course of conduct.
Boating - OWI 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 § 25-1004
(a) (1), (2) (2001), for which a
penalty is provided in D.C. Code
§ 25-1007 (a) (2001).
$300 and/or 10
days Crime Involving Moral
Turpitude if the client has
a conviction for another
Crime Involving Moral
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.
3423 (BIA December 21,
1999).
PDS IMMIGRANT DEFENSE CHART FOR VARIOUS OFFENSES PROSECUTED IN
D.C. SUPERIOR COURT TRAFFIC COURT
By Gwendolyn McDowell Washington
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 §22-811(a)(2007), for which
penalties are enumerated in D.C.
Code §22-811(a)(2007)(b).
$1,000 and/or
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 well-
being, including sexual
abuse or exploitation. See
Matter of Velazquez-
Herrera, 24 I&N 503, 512
(BIA 2008).
Crime Involving Moral
Turpitude if the client has
a conviction for another
Crime Involving Moral
Turpitude not arising out
of the same scheme or
course of conduct.
Contributing to
the delinquency
of a minor-
violations 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 §22-811(a)(2007), for
which penalties are enumerated in
D.C. Code §22-811(a)(2007)(b).
$1,000 and/or
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 well-
being, including sexual
abuse or exploitation. See
Matter of Velazquez-
Herrera, 24 I&N 503, 512
(BIA 2008).
Crime Involving Moral
Turpitude if the client has
a conviction for another
Crime Involving Moral
Turpitude not arising out
of the same scheme or course of conduct.
PDS IMMIGRANT DEFENSE CHART FOR VARIOUS OFFENSES PROSECUTED IN
D.C. SUPERIOR COURT TRAFFIC COURT
By Gwendolyn McDowell Washington
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 §22-811(a) (2007),
for which penalties are
enumerated in D.C. Code §22-
811(a) (2007) (b).
$1,000 and/or
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 well-
being, including sexual
abuse or exploitation. See
Matter of Velazquez-
Herrera, 24 I&N 503, 512
(BIA 2008).
Crime Involving Moral
Turpitude if the client has
a conviction for another
Crime Involving Moral
Turpitude not arising out
of the same scheme or
course of conduct.
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
§22-811(a)(2007), for which
penalties are enumerated in D.C.
Code §22-811(a)(2007)(b).
$1,000 and/or
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 well-
being, including sexual
abuse or exploitation. See
Matter of Velazquez-
Herrera, 24 I&N 503, 512
(BIA 2008).
Crime Involving Moral
Turpitude if the client has
a conviction for another
Crime Involving Moral
Turpitude not arising out
of the same scheme or
course of conduct.
PDS IMMIGRANT DEFENSE CHART FOR VARIOUS OFFENSES PROSECUTED IN
D.C. SUPERIOR COURT TRAFFIC COURT
By Gwendolyn McDowell Washington
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
§22-811(a)(2007), for which
penalties are enumerated in D.C.
Code §22-811(a)(2007)(b).
$1,000 and/or
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 well-
being, including sexual
abuse or exploitation. See
Matter of Velazquez-
Herrera, 24 I&N 503, 512
(BIA 2008).
Crime Involving Moral
Turpitude if the client has
a conviction for another
Crime Involving Moral
Turpitude not arising out
of the same scheme or
course of conduct.
PDS IMMIGRANT DEFENSE CHART FOR VARIOUS OFFENSES PROSECUTED IN
D.C. SUPERIOR COURT TRAFFIC COURT
By Gwendolyn McDowell Washington
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 §22-811(a)(2007), for
which penalties are enumerated in
D.C. Code §22-811(a)(2007)(b).
$1,000 and/or
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 well-
being, including sexual
abuse or exploitation. See
Matter of Velazquez-
Herrera, 24 I&N 503, 512
(BIA 2008).
Crime Involving Moral
Turpitude if the client has
a conviction for another
Crime Involving Moral
Turpitude not arising out
of the same scheme or
course of conduct.
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 § 2300.1
(1995), for which a penalty is
provided in 24 DCMR § 100.6
(1995).
$300 fine only Firearms Offense.
Possibly a Crime
Involving Moral
Turpitude if the firearm
was discharged into an
occupied dwelling or
vehicle.
PDS IMMIGRANT DEFENSE CHART FOR VARIOUS OFFENSES PROSECUTED IN
D.C. SUPERIOR COURT TRAFFIC COURT
By Gwendolyn McDowell Washington
9
Disorderly -
Order and
Decorum
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 § 102.1 (a) (1995),
for which a penalty is provided in
1 DCMR § 102.2 (1995).
$300 or 10
days Crime Involving Moral
Turpitude if coupled with
another CIMT not arising
out of a single scheme or
course of conduct.
Violations of regulatory
statutes are not considered
Crimes Involving Moral
Turpitude. See Matter of
Gagliotti, 10 I&N Dec.
719 (BIA 1964).
Disorderly
Conduct -
Nighttime
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 § 22-1321 (3) (2001),
for which a penalty is provided in
D.C. Code § 22-1321 (2001).
$250 and/or 90
days Crime Involving Moral
Turpitude if coupled with
another CIMT not arising
out of a single scheme or
course of conduct.
Violations of regulatory
statutes are not considered
Crimes Involving Moral
Turpitude. See Matter of
Gagliotti, 10 I&N Dec.
719 (BIA 1964).
PDS IMMIGRANT DEFENSE CHART FOR VARIOUS OFFENSES PROSECUTED IN
D.C. SUPERIOR COURT TRAFFIC COURT
By Gwendolyn McDowell Washington
10
Disorderly
Conduct -
Fighting
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 § 22-1321
(1) (2001).
$250 and/or 90
days Crime Involving Moral
Turpitude if coupled with
another CIMT not arising
out of a single scheme or
course of conduct.
Violations of regulatory
statutes are not considered
Crimes Involving Moral
Turpitude. See Matter of
Gagliotti, 10 I&N Dec.
719 (BIA 1964).
Disorderly
Conduct –
General
Disorderly
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 §
22-1321 (1) (2001).
$250 and/or 90
days Crime Involving Moral
Turpitude if coupled with
another CIMT not arising
out of a single scheme or
course of conduct.
Violations of regulatory
statutes are not considered
Crimes Involving Moral
Turpitude. See Matter of
Gagliotti, 10 I&N Dec.
719 (BIA 1964).
Disorderly
Conduct - Jostling 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 § 22-1321
(4) (2001).
$250 and/or 90
days Crime Involving Moral
Turpitude if coupled with
another CIMT not arising
out of a single scheme or
course of conduct.
Violations of regulatory
statutes are not considered
Crimes Involving Moral
Turpitude. See Matter of
Gagliotti, 10 I&N Dec.
719 (BIA 1964).
PDS IMMIGRANT DEFENSE CHART FOR VARIOUS OFFENSES PROSECUTED IN
D.C. SUPERIOR COURT TRAFFIC COURT
By Gwendolyn McDowell Washington
11
Disorderly
Conduct – Loud
and Boisterous
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 § 22-1321
(1) (2001).
$250 and/or 90
days Crime Involving Moral
Turpitude if coupled with
another CIMT not arising
out of a single scheme or
course of conduct.
Violations of regulatory
statutes are not considered
Crimes Involving Moral
Turpitude. See Matter of
Gagliotti, 10 I&N Dec.
719 (BIA 1964).
Disorderly
Conduct- Peeping
Tom
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).
$250 and/or 90
days Crime Involving Moral
Turpitude if coupled with
another CIMT not arising
out of a single scheme or
course of conduct.
Violations of regulatory
statutes are not considered
Crimes Involving Moral
Turpitude. See Matter of
Gagliotti, 10 I&N Dec.
719 (BIA 1964).
Disorderly
Conduct - Profane
Language
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 § 22-1307 (2001).
$250 and/or 90
days Crime Involving Moral
Turpitude if coupled with
another CIMT not arising
out of a single scheme or
course of conduct.
Violations of regulatory
statutes are not considered
Crimes Involving Moral
Turpitude. See Matter of
Gagliotti, 10 I&N Dec.
719 (BIA 1964).
PDS IMMIGRANT DEFENSE CHART FOR VARIOUS OFFENSES PROSECUTED IN
D.C. SUPERIOR COURT TRAFFIC COURT
By Gwendolyn McDowell Washington
12
Disorderly
Conduct – Public
Conveyance
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 § 22-1321 (5) (2001).
$250 and/or 90
days Crime Involving Moral
Turpitude if coupled with
another CIMT not arising
out of a single scheme or
course of conduct.
Violations of regulatory
statutes are not considered
Crimes Involving Moral
Turpitude. See Matter of
Gagliotti, 10 I&N Dec.
719 (BIA 1964).
Disorderly
Conduct –
Urinating in
Public
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 § 22-1321 (1)
(2001).
$250 and/or 90
days Crime Involving Moral
Turpitude if coupled with
another CIMT not arising
out of a single scheme or
course of conduct.
Violations of regulatory
statutes are not considered
Crimes Involving Moral
Turpitude. See Matter of
Gagliotti, 10 I&N Dec.
719 (BIA 1964).
Drinking in
Public 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 § 25-
1001(a), for which a penalty is
provided in D. C. Code § 25-
1001(d) (2001).
$500 and/or 90
days Violations of regulatory
statutes are not considered
Crimes Involving Moral
Turpitude. See Matter of
Gagliotti, 10 I&N Dec.
719 (BIA 1964).
Drinking in
Public - Vehicle 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 § 25-1001 (a) (2) (2001), for
which a penalty is provided in D.
C. Code § 25-1001(d) (2001).
$500 and/or 90
days Violations of regulatory
statutes are not considered
Crimes Involving Moral
Turpitude. See Matter of
Gagliotti, 10 I&N Dec.
719 (BIA 1964).
PDS IMMIGRANT DEFENSE CHART FOR VARIOUS OFFENSES PROSECUTED IN
D.C. SUPERIOR COURT TRAFFIC COURT
By Gwendolyn McDowell Washington
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 § 50-2201.05 (b) (1) (2001).
First Offense:
$300 and 90
days (5 days if
.20^ or 10 days
if .25^).
Second
Offense:
$1,000-5,000
fine and 5 days
(up to 1 year or
30 days
Community
Service) (10
days if .20^ or
20 days if
.25^)
Third
Offense:
$2,000 -
10,000 fine
and 10 days
(up to 1 year or
30 days
Community
Service) (15
days if .20^ or
25 days 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.
PDS IMMIGRANT DEFENSE CHART FOR VARIOUS OFFENSES PROSECUTED IN
D.C. SUPERIOR COURT TRAFFIC COURT
By Gwendolyn McDowell Washington
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
§ 50-2201.05 (b) (1) (2002
Supp.).
First Offense:
$300 and 90
days (5 days if
.20^ or 10 days
if .25^)
Second
Offense:
$1,000-5,000
fine and 5 days
(up to 1 year or
30 days
Community
Service) (10
days if .20^ or
20 days if
.25^).
Third
Offense:
$2,000 -
10,000 fine
and 10 days
(up to 1 year or
30 days
Community
Service) (15
days if .20^ or
25 days 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.
PDS IMMIGRANT DEFENSE CHART FOR VARIOUS OFFENSES PROSECUTED IN
D.C. SUPERIOR COURT TRAFFIC COURT
By Gwendolyn McDowell Washington
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 § 50-
2201.05 (b) (1) (2002 Supp.).
First Offense:
$300 and 90
days (5 days if
.20^ or 10 days
if .25^).
Second
Offense:
$1,000-5,000
fine and 5 days
(up to 1 year or
30 days
Community
Service) (10
days if .20^ or
20 days if
.25^).
Third
Offense:
$2,000 -
10,000 fine
and 10 days
(up to 1 year or
30 days
Community
Service) (15
days if .20^ or
25 days 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.
PDS IMMIGRANT DEFENSE CHART FOR VARIOUS OFFENSES PROSECUTED IN
D.C. SUPERIOR COURT TRAFFIC COURT
By Gwendolyn McDowell Washington
16
Employment of
Minors 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 §32-201 (2001), for
which a penalty is provided in
D.C. Code §32-313(b)(2001).
First Offense:
$1,000 -
$3,000 and/or
10-30 days
Second
Offense: $3,000 -
$5,000 and/or
30-90 days
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).
Failure to Make
Report - Sexual
Abuse
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 § 22-3001 et.seq.,
in violation of D.C. Code § 4-
1321.02 (e) (2007 supp.) for
which a penalty is provided in
D.C. Code § 4-1321.07 (2001).
$100 and/or 30
days 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).
PDS IMMIGRANT DEFENSE CHART FOR VARIOUS OFFENSES PROSECUTED IN
D.C. SUPERIOR COURT TRAFFIC COURT
By Gwendolyn McDowell Washington
17
False Police
Report 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 § 5-117.05 (2001).
$300 or 30
days Possibly a Crime
Involving Moral
Turpitude if coupled with
another CIMT not arising
out of a single scheme or
course of conduct.
False
Representation to
DC government
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 § 2-308.21 (2001).
$100,000 and 1
year Possibly a Crime
Involving Moral
Turpitude if coupled with
another CIMT not arising
out of a single scheme or
course of conduct.
Aggravated Felony if a
sentence of at least one
year is imposed.
Fleeing – Felony 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 § 50-
2201.05b (b) (1), (2) (2001).
$5,000 and/or
5 years Crime Involving Moral
Turpitude.
An aggravated Felony if a
sentence of at least one
year or more is imposed.
PDS IMMIGRANT DEFENSE CHART FOR VARIOUS OFFENSES PROSECUTED IN
D.C. SUPERIOR COURT TRAFFIC COURT
By Gwendolyn McDowell Washington
18
Fleeing –
Misdemeanor 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 § 50-
2201.05b (b) (1) (2001).
$1,000 and/or
180 days Crime Involving Moral
Turpitude if the individual
has another conviction of
a Crime Involving Moral
Turpitude if the conduct
does not arise out of a
single scheme or course of
conduct.
Gambling 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 § 1309.1 (1996), for
which a penalty is provided in 19
DCMR § 1309.2 (1996).
Various gambling crimes
are considered violations
of regulatory statutes, but
are not considered Crimes
Involving Moral
Turpitude. See Matter of
Gagliotti, 10 I&N Dec.
719 (BIA 1964).
Improper Tags 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 § 1101.3
(1995), for which a penalty is
provided in 18 DCMR § 1110.1
(1995).
$300 and/or 10
days Violations of regulatory
statutes are not considered
Crimes Involving Moral
Turpitude. See Matter of
Gagliotti, 10 I&N Dec.
719 (BIA 1964).
PDS IMMIGRANT DEFENSE CHART FOR VARIOUS OFFENSES PROSECUTED IN
D.C. SUPERIOR COURT TRAFFIC COURT
By Gwendolyn McDowell Washington
19
Incommoding -
Disorderly
Conduct
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 § 22-1321 (2)
(2001), for which a penalty is
provided in D.C. Code § 22-1321
(2001).
$250 and/or
90 days
Crime Involving Moral
Turpitude if coupled with
another CIMT not arising
out of a single scheme or
course of conduct.
Incommoding -
Unlawful
Assembly
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 § 22-1307 (2001).
$250 and/or
90 days
Crime Involving Moral
Turpitude if coupled with
another CIMT not arising
out of a single scheme or
course of conduct.
Indecent
Exposure - Adult INDECENT EXPOSURE -
ADULT: did make an obscene or
indecent exposure of his/her
person, in violation of D.C. Code
§ 22-1312 (a) (2001).
$300 days
and/or 90 days
Possibly a Crime
Involving Moral
Turpitude if coupled with
another CIMT not arising
out of a single scheme or
course of conduct.
PDS IMMIGRANT DEFENSE CHART FOR VARIOUS OFFENSES PROSECUTED IN
D.C. SUPERIOR COURT TRAFFIC COURT
By Gwendolyn McDowell Washington
20
Indecent
Exposure - 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 § 22-1312
(a) (2001), for which a penalty is
provided in D.C. Code § 22-1312
(b) (2001).
$1,000 and/or
1 year
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 well-
being, including sexual
abuse or exploitation. See
Matter of Velazquez-
Herrera, 24 I&N 503, 512
(BIA 2008).
Indecent Sexual
Proposal - Adult INDECENT SEXUAL
PROPOSAL - ADULT: did
make a lewd, obscene, or indecent
sexual proposal, in violation of
D.C. Code § 22-1312 (a) (2001).
$300 days
and/or 90 days
Possibly a Crime
Involving Moral
Turpitude if coupled with
another CIMT not arising
out of a single scheme or
course of conduct.
Indecent Sexual
Proposal - Minor 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 §
22-1312 (a) (2001), for which a
penalty is provided in D.C. Code
§ 22-1312 (b) (2001).
$1,000 and/or
1 year
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 well-
being, including sexual
abuse or exploitation. See
Matter of Velazquez-
Herrera, 24 I&N 503, 512
(BIA 2008).
PDS IMMIGRANT DEFENSE CHART FOR VARIOUS OFFENSES PROSECUTED IN
D.C. SUPERIOR COURT TRAFFIC COURT
By Gwendolyn McDowell Washington
21
Intoxication INTOXICATION: was
intoxicated and did endanger the
safety of himself, herself, or any
other person or property, in
violation of D.C. Code § 25-
1001(c), for which a penalty is
provided in D. C. Code § 25-
1001(d) (2001).
$500 and/or
90 days
Possibly a Crime
Involving Moral
Turpitude if the individual
has a conviction for
another CIMT not arising
out of a single scheme or
course of conduct.
No Permit NO PERMIT: did operate a
motor vehicle without having first
obtained a permit to do so, in
violation of D.C. Code § 50-
1401.01 (d) (2001).
$300 and/or
90 days
Violations of regulatory
statutes are not considered
Crimes Involving Moral
Turpitude. See Matter of
Gagliotti, 10 I&N Dec.
719 (BIA 1964).
No Permit –
Commercial 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 § 50-403 (a) (2001),
for which a penalty is provided in
D.C. Code § 50-405 (b) (2001).
First Offense:
$100 and/or 6
months
Second
Offense: $500 and/or
not less than 6
and not more
than 9 months
Third
Offense: $1,000 and/or
not less than 9
months and
not more than
1 year.
Violations of regulatory
statutes are not considered
Crimes Involving Moral
Turpitude. See Matter of
Gagliotti, 10 I&N Dec.
719 (BIA 1964).
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 § 50-1501.04 (a) (1)
(B) (2001), for which a penalty is
provided in D.C. Code § 50-
1501.04 (b) (2001).
$1,000 and/or
30 days
Violations of regulatory
statutes are not considered
Crimes Involving Moral
Turpitude. See Matter of
Gagliotti, 10 I&N Dec.
719 (BIA 1964).
PDS IMMIGRANT DEFENSE CHART FOR VARIOUS OFFENSES PROSECUTED IN
D.C. SUPERIOR COURT TRAFFIC COURT
By Gwendolyn McDowell Washington
22
Obtaining Permit
by
Misrepresentation
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 §1110.2
(1995).
Crime Involving Moral
Turpitude. See Matter of
Serna, 20 I&N Dec. 579
(BIA 1992).
Operating After
Revocation 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 § 50-1403.01 (e) (2001).
$5,000 and/or
1 year
Violations of regulatory
statutes are not considered
Crimes Involving Moral
Turpitude. See Matter of
Gagliotti, 10 I&N Dec.
719 (BIA 1964).
Operating After
Suspension 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 § 50-1403.01 (e) (2001).
$5,000
and/or1 year
Violations of regulatory
statutes are not considered
Crimes Involving Moral
Turpitude. See Matter of
Gagliotti, 10 I&N Dec.
719 (BIA 1964).
PDS IMMIGRANT DEFENSE CHART FOR VARIOUS OFFENSES PROSECUTED IN
D.C. SUPERIOR COURT TRAFFIC COURT
By Gwendolyn McDowell Washington
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
§50-2201.05 (b) (2) (2001).
First Offense:
Not less than
$200 and not
more than
$300
Second
Offense:
within 15
years of the
first offense- not less than
$300 and not
more than
$500 with not
less than 5
days and not
more than 1
year with 30
days of
community
service
Third
Offense:
within 15
years of the
second
offense – not
less than
$1,000 and
not more than
$5,000 and
not less than
10 days and
not more than
1year with 60
days of
community
service.
Violations of regulatory
statutes are not considered
Crimes Involving Moral
Turpitude. See Matter of
Gagliotti, 10 I&N Dec.
719 (BIA 1964).
Possibly a Crime
Involving Moral
Turpitude if the offense
was done while the
individual committed the
offense without a valid
driver’s license.
PDS IMMIGRANT DEFENSE CHART FOR VARIOUS OFFENSES PROSECUTED IN
D.C. SUPERIOR COURT TRAFFIC COURT
By Gwendolyn McDowell Washington
24
Peddling Drugs 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 § 47-2885.17
(2001), for which a penalty is
provided in D.C. Code § 47-
2885.20 (2001).
$500 and/or 6
months
Drug Offense
Possession of BB
Gun 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 §
2301.3 (1995), for which, a
penalty is provided in 24 DCMR
§ 100.6 (1995).
$300 fine only Not a Firearms offenses
because the Firearms
Offense category does not
encompass imitation
firearms and air pistols.
Possession of
Destructive
Device
POSSESSION OF
DESTRUCTIVE DEVICE: did
possess or control a destructive
device without a valid registration
certificate, in violation of D.C.
Code § 7-2502.01 (a) (2001) and
D.C. Code § 7-2501.01 (7)
(2001), for which a penalty is
provided in D.C. Code § 7-
2507.06 (2001).
$1,000 and/or
1 year
Firearms Offense.
PDS IMMIGRANT DEFENSE CHART FOR VARIOUS OFFENSES PROSECUTED IN
D.C. SUPERIOR COURT TRAFFIC COURT
By Gwendolyn McDowell Washington
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 §
7-2505.01 (2001), for which a
penalty is provided in D.C. Code
§ 7-2507.06 (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 well-
being, 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:
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 § 25-1001 (a) (1) (2001), for
which a penalty is provided in
D.C. Code § 25-1001 (d) (2001).
$500 and/or
90 days
Violations of regulatory
statutes are not considered
Crimes Involving Moral
Turpitude. See Matter of
Gagliotti, 10 I&N Dec.
719 (BIA 1964).
Possession of
Open Container
of Alcohol –
Vehicle
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 § 25-1001 (a) (2) (2001), for
which a penalty is provided in
D.C. Code § 25-1001 (d) (2001).
$500 and/or
90 days
Violations of regulatory
statutes are not considered
Crimes Involving Moral
Turpitude. See Matter of
Gagliotti, 10 I&N Dec.
719 (BIA 1964).
PDS IMMIGRANT DEFENSE CHART FOR VARIOUS OFFENSES PROSECUTED IN
D.C. SUPERIOR COURT TRAFFIC COURT
By Gwendolyn McDowell Washington
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 Offense:
$500 and/or
90 days
Second
Offense:
$750 and/or
135 days
Third
Offense:
$1,000 and/or
180 days
Crime Involving Moral
Turpitude if the individual
has a conviction for
another CIMT not arising
out of a single scheme or
course of conduct.
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 non-
uniformed 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 §22-2731
(2007).
$300 and/or 6
months
Crime Involving Moral
Turpitude if the individual
has a conviction for
another CIMT not arising
out of a single scheme or
course of conduct.
PDS IMMIGRANT DEFENSE CHART FOR VARIOUS OFFENSES PROSECUTED IN
D.C. SUPERIOR COURT TRAFFIC COURT
By Gwendolyn McDowell Washington
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 §25-785 (b) (2001), for
which a penalty is provided in
D.C. Code § 25-785 (c) (2001).
First Offense:
$1,000 and/or
180 days
Second
Offense:
within 2 years
of the first
offense -
$2,500 and/or
180 days
Third
Offense:
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 well-
being, 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 § 25-785
(a) (2001), for which a penalty is
provided in D.C. Code § 25-785
(c) (2001).
First Offense:
$1,000 and/or
180 days
Second
Offense:
within 2 years
of the first
offense -
$2,500 and/or
180 days
Third
Offense:
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 well-
being, 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).
PDS IMMIGRANT DEFENSE CHART FOR VARIOUS OFFENSES PROSECUTED IN
D.C. SUPERIOR COURT TRAFFIC COURT
By Gwendolyn McDowell Washington
28
Reckless Driving 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 § 50-2201.04 (b) (2001), for
which a penalty is provided in
D.C. Code § 50-2201.04 (c)
(2001).
First Offense:
$500 and/or 3
months
Second
Offense:
within 2 years
of the first
offense -
$1,000 and/or
1 year
Third
Offense:
within 2 years
of the first
offense -
$3,000 and/or
1 year.
Crime Involving Moral
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.
Crime Involving Moral
Turpitude for Second and
subsequent offenses.
Sell/Deliver
Alcohol to a
Minor
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 § 25-784
(a) (1) (2001), for which a penalty
is provided in D.C. Code § 25-785
(c) (2001).
First Offense:
$1,000 and/or
180 days
Second
Offense:
within 2 years
of the first
offense -
$2,500 and/or
180 days
Third
Offense:
within 2 years
of the
previous
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 well-
being, 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).
PDS IMMIGRANT DEFENSE CHART FOR VARIOUS OFFENSES PROSECUTED IN
D.C. SUPERIOR COURT TRAFFIC COURT
By Gwendolyn McDowell Washington
29
Soliciting –
Ticket Sales 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 § 500.5
(1995), for which a penalty is
provided in 24 DCMR § 501.9
(1995).
Unlawful
Possession of
Ammunition
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 § 7-2506.01 (2001),
for which a penalty is provided in
D.C. Code § 7-2507.06 (2001).
$1,000 and/or
1 year
Not a Firearms Offense
for Immigration Purposes.
Unregistered
Firearm 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
§ 7-2502.01 (a) (2001), for which
a penalty is provided in D.C.
Code § 7-2507.06 (2001).
$1,000 and/or
1 year
Firearms Offense.
Vendor -
Peddling Drug
Implements
VENDOR PEDDLING DRUG
IMPLEMENTS: being a vendor,
did sell drug paraphernalia, in
violation of 24 DCMR 515.20 (i)
(1995), for which a penalty is
provided in 24 DCMR 100.6
(1995).
$300 fine only Drug Offense.
PDS IMMIGRANT DEFENSE CHART FOR VARIOUS OFFENSES PROSECUTED IN
D.C. SUPERIOR COURT TRAFFIC COURT
By Gwendolyn McDowell Washington
30
Welfare Fraud –
Fraud in
Obtaining Public
Assistance
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 § 4-
218.01 (a) (2001).
$500 and/or 1
year
Crime Involving Moral
Turpitude.
Welfare Fraud –
Food Stamp
Violation
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
§4-218.05(a)(2001).
$500 and/or 1
year
Crime Involved Moral
Turpitude
Recommended