I just came back from court successfully for my client. I feel compelled to write this post because, based on my recent experience with international drivers in Georgia, feel that not everyone knows what will be asked of you should you get stopped.
My guy is a Mexican citizen, with a Mexican passport, and was stopped months ago for driving with no license. He works for a company out of Alabama driving vans and trucks, so he needs a valid license to do so. Because he lived in Canada prior to entering this country, his drivers license was issued from Ontario rather than his native land. When the police stopped him, he showed them several documents to attempt to prove he was here legally, but unfortunately he did not have his passport on him. He was taken to jail, even though he had a valid license from Canada.
I've been working with my client for months to show the State that his ticket was improper. The State referred me to a letter written by Catherine W. Brown, Assistant Legal Adviser for Consular Affairs of the US Department of State, that was in response to an inquiry posed by the Prosecuting Attorney's Council of Georgia, addressing issues within the 1949 Convention on Road Traffic and international drivers licenses. Persons in Ms. Brown's position write opinions on international law that are published in the Digest of United States Practice in International Law, which sheds some light on the interplay between federal law, state law, and treaties the US is a participant.
In a nutshell, Georgia wanted to know whether and to what extent they must recognize foreign drivers licenses within its boundaries. Ms. Brown's letter, dated April 12, 2002, concluded that Georgia must recognize foreign drivers licenses ONLY if the alien-holder has been lawfully admitted to the US. Georgia may apply more liberal rules, of course, but this is the floor. Good news for my client.
So on the scene, the officer asked my client (who does not speak great English) if he had entered the US legally and to show his passport. My client did not have his passport, so he was arrested.
My client had a valid visa to work in the US and did actually have a Mexican passport stamped for entry into the US. But because he didn't have it on the scene, the officer had no other option but to arrest. This happens often in Coweta County, and could be avoided if the persons stopped could simply show a US Customs stamp. After much research and persuading with the State, I was able to show that he did enter the US legally, had a valid visa, and had a valid drivers license - his case was dismissed.
What you need to know: if you are an alien to this country and carry a valid license issued from another country, and you get stopped by the police they will ask for your passport. Keep it with you, and be ready to show a stamp for entry into the US. Often our US-Canadian border will not stamp passports automatically, so ask. It will save you jail time and a huge hassle fighting a ticket that would otherwise not have been written.
Best,
JD
John D. Duncan is president of J.D. Duncan, PC, founding partner of Prater, Duncan & Craig, LLC in Newnan, Georgia, and is Esquire by Day. You can find him at www.jdduncanlaw.com, or follow him on twitter and Facebook.
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