Hi,Last October I was driving with the learner's permit (just had written tests done, not behind the wheels test), and was accompanied by the third party who is a licensed driver 29 years of age. So according to the law everything was alright. However I was stopped by a cop, who upon looking at my permit wrote me a misdemeanor
I hired a layer to represent me in court
, I paid $2250 for it. The lawyer went on the first date and plea not guilty. Nothing much happened since them, the next court date is on the 8th of April, they did "a request for discovery". So 8th of April will be meeting between the prosecutor and my lawyer.In the mean time my lawyer told me to get a license proper, which I did. However my lawyer didn't tell me to keep, or scan the original learner permit. So i gave it in to the DMV.
DMV destroyed this paper, and now they don't have it in the system any more.
It was explained to me, than in cases such as these a person has to prove innocence (not the vice versa).
The problem is its hard to prove innocence without that paper.
The cop wrote on the ticket that i had an Identification paper (he said its not a valid learner permit, because learner permits work only for underage people).I am 33 years of age, have had a international driver's license since 11 years (which wasn't valid at the time when the cop stopped me). I have no prior convictions or any contact with the law, and the court.It got serious now, because I am in the green card process, and my immigration attorney told me that we should wait before filing I-140 and I-485 to the USCIS because they might reject it until this issue is resolved.Its becoming nerve wrecking now. The lawyers tell me its very absurd and serious, and I understand it.
But what is there I could do?How can I resolve it quickly before going to proper trial
which might take years, and jeopardize my green card.
What are the chances of me going to jail if I plea guilty?
Wold i be rejected for the green card if i do so?I really cannot believe something so silly like cop not knowing the law has become so serious for me. My whole existence in the USA is at stake at this point.
Please, I need help.
Thanks in advance,