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Urgent help needed - reckless driving citation given

Discussion in 'General I-485 and Related Issues' started by wanderer^sun, Nov 19, 2005.

  1. wanderer^sun

    wanderer^sun Registered Users (C)

    Hi, All,

    As if things are not bad enough. I got a reckless driving citation in Virginia - 27 miles above speed limit.

    My urgent question now is will this impact my green card process? I was ordered to appear in court.

    My case is filed through Texas. EB 3, June 2005 I485 receipt.

    Thank you all.
     
  2. moroni

    moroni Registered Users (C)

    No doubt you were in a hurry!

    Try to get a good lawyer to fight this ticket (If you haven't paid it yet or admit guilty)
    There are lawyers able to help you with such a case.
    It helps a lot if you have a clean driving record.
    Look online for some resources how to fight back a speeding ticket, for sure you'll get plenty of information.
     
  3. wanderer^sun

    wanderer^sun Registered Users (C)

    reckless driving

    thanks for the response.

    I am here to share information, and hope you don't ever need this type information.

    In some states, this type of reckless driving is considered class 1 misdemeanor. Once convicted, you will bear this record on your life. However, a lot people are put through simply for speeding over 20mph over speed limit. (45 over 25mph zone) can do that to you.

    A lawyer can represent you in the court, and hopefully get it down to a speeding or improer driving.

    Bottom line, treat this seriously, and find a good lawyer.
     
  4. poongunranar

    poongunranar Registered Users (C)

    wanderer^sun

    Reckless driving is known to cause additional problems when it comes to N-400 (Naturalization) interviews. Mere citation for reckless driving will not have GC repercussions for you. (My own closest friend got ticketed for this very same offense in Virginia where the cop warned him that he could have jailed him, but rather not doing it but only citing him to appear before the judge in person. He did not even have a local office transfer.) While reckless driving is very dangerous in that it can land you in jail, a mere citation is not very grave from GC point of view. It is a Class 1 Misdemeanor in certain states, but is certainly not an "Aggravated Felony" for immigration purposes. In certain cases, where reckless driving would have been associated with DUI/DWI, jurisprudence does point to arguments by US Attorneys that such offenses did constitute "aggravated felony for immigration purposes" where the intent to drive under DUI/DWI was the clear mens rea and the weapon used in this case to endanger the victim is the car you drove!!! However, since none of these things apply to you, you must not have any problems whatsoever. This is purely a personal opinion of mine and this doesn't mean that 'reckless driving is OK.' That is not what I am trying to opine. Reckless driving wreaks havoc on your lives and others' and there are immigration repercussions big time. However, in your case, there aren't enough grounds to lose sleep over. Happy Thanksgiving.
     
  5. wanderer^sun

    wanderer^sun Registered Users (C)

    Thanks for the update. That is what I have been working on so far.

    I am going to hire an lawyer, and have my case handled by his firm. It is not a pleasant thing to have around holiday but sometimes that is what is offered to you...

    I will keep everyone posted about this.
     
  6. shankara21cen

    shankara21cen Registered Users (C)

    GA: Speeding 92 miles/hr in 55 miles zone $ 321 ticket


    Hi,
    Now I am also worried. In Jan 2005, I was given a speeding ticket for $ 321 for speeding at 92 miles/ hr in 55 miles zone. I went to court and pledged "no lo" and paid fine. No points on licence.
    Will I also be in trouble??
     
  7. wanderer^sun

    wanderer^sun Registered Users (C)

    if u were given a citation for simple speeding, it is fine.

    There is a big big difference between "reckless driving" and "speeding". Some states, like VA, will treat any 20 mile over speed limit or 80 mph speeding as reckless driving. In some states, like VA, this will be treated as crime - hence it is categorized into "Class 1 Misdemeanor". In Va, this can be up to 12 month jail time, and $2,500 fine, and suspenstion of license. A lot people who live in VA donot even know that.

    You should be fine I think - if there are no points even on ur driving record. Rest easy...
     
  8. poongunranar

    poongunranar Registered Users (C)

    shankara21cen

    You are not in trouble.
     
  9. pyv

    pyv Registered Users (C)

    dude, can you please give us an update?
    also, please let me know whether Reckless Driving ticket in VA will cause problems for me while applying/changing jobs (owing to the misdemeanor charge)? I am on H1B.

    Thanks in advance.
     
  10. wanderer^sun

    wanderer^sun Registered Users (C)

    no worries

    Hi, there,

    It ended in the court as a speeding, and $130 fine. But I had to hire a lawyer to represent on the court for me (I live at another state). The law firm I used is Bose law firm. They are a bit pricy but I chose to go with them because they did a good marketing job that convinced me.

    Good luck, and don't worry. If it is ruled as a speeding, just a speeding record(only in VA). Worst scenario, if ruled as a misdeminor, it only appears in VA database, and not even on national level as a criminal record. But most judges will give you a break since it is a overenforcing I think.
     
  11. pyv

    pyv Registered Users (C)

    Good for you!
    Thanks a lot for replying!
     
  12. SamanthaKarl

    SamanthaKarl New Member

    Someone who is driving recklessly may have a willful disregard of safety, or may simply have a wanton attitude about the rules of the road. Some examples of reckless driving can include ignoring basic safety laws, such as laws forbidding people to pass in front of oncoming traffic, laws prohibiting crossing train tracks in front of an oncoming train, and laws regulating speed. People who exceed the speed limit by an unusually high amount may be considered reckless drivers because they are putting other drivers in danger.
    DUI Lawyers
     

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