I am a DV 2014 selectee from Poland.
I'm about to complete my DSP-122 and DS-230 forms.
One of the question in DS-230 is:
"Have you ever been charged, arrested or convicted of any offense or crime? (If answer is Yes, please explain)"
And here is my story.
In February 2013 I've been pulled over by police while riding my bicycle. I've been tested for alcohol and the results were 0.09, 0.12, 0.06 mg3/dm3 of exhaled air. I only had 1 beer but my country penalizes riding or driving anything if you have at least 0.10 mg3/dm3. From 0.10 to 0.25 it's an offence and beyond 0.25 its a crime.
They gave me an invitation to police department and took my driver's license until the issue is settled (If I didn't have it with myself they wouldn't have taken it). Here's what they do in such situations: they give you a 300-500 PLN ticket ($100-$150) and they dispatch the issue to Court where they give you a 0.5-1 year ban for riding a bicycle (they do it in 99.9% cases).
But none of this happened. I didn't accept the penalty and the issue went to Court without my physical presence there. After 1 month I received 2 letters.
1 informing me that the Judge questioned whether the charges were legit at all. And that they dispatched my alcohol test results to professional toxicologist.
2nd letter informing me about toxicologists analysis that the alcohol test was invalid - results were way too much spread out and they were rather below the 0.1 barrier rather than above.
Based on that expertise, the Judge decided to withdraw, cancel, remove the charges (not sure what is the proper US law term for that) making me totally clear and the case invalid. Driver's licence returned and no consequences what so ever.
In that case, should I fill anything in that question? I think I have no such obligation. The case and charges were invalid, in this particular situation I could be completely alcohol free and police could have had a broken breathalyzer (which they probably had anyway).
But I don't want any problems, I don't want to lie anywhere and I certainly don't want to have a ban for visiting USA.
I have a clear criminal record because I had it earlier and I bet that this case didn't affect it, but I can always gain a complete clarity by requesting my criminal record (if that's the exact and proper name for it).
Any ideas? Help will be greatly appreciated.
I'm about to complete my DSP-122 and DS-230 forms.
One of the question in DS-230 is:
"Have you ever been charged, arrested or convicted of any offense or crime? (If answer is Yes, please explain)"
And here is my story.
In February 2013 I've been pulled over by police while riding my bicycle. I've been tested for alcohol and the results were 0.09, 0.12, 0.06 mg3/dm3 of exhaled air. I only had 1 beer but my country penalizes riding or driving anything if you have at least 0.10 mg3/dm3. From 0.10 to 0.25 it's an offence and beyond 0.25 its a crime.
They gave me an invitation to police department and took my driver's license until the issue is settled (If I didn't have it with myself they wouldn't have taken it). Here's what they do in such situations: they give you a 300-500 PLN ticket ($100-$150) and they dispatch the issue to Court where they give you a 0.5-1 year ban for riding a bicycle (they do it in 99.9% cases).
But none of this happened. I didn't accept the penalty and the issue went to Court without my physical presence there. After 1 month I received 2 letters.
1 informing me that the Judge questioned whether the charges were legit at all. And that they dispatched my alcohol test results to professional toxicologist.
2nd letter informing me about toxicologists analysis that the alcohol test was invalid - results were way too much spread out and they were rather below the 0.1 barrier rather than above.
Based on that expertise, the Judge decided to withdraw, cancel, remove the charges (not sure what is the proper US law term for that) making me totally clear and the case invalid. Driver's licence returned and no consequences what so ever.
In that case, should I fill anything in that question? I think I have no such obligation. The case and charges were invalid, in this particular situation I could be completely alcohol free and police could have had a broken breathalyzer (which they probably had anyway).
But I don't want any problems, I don't want to lie anywhere and I certainly don't want to have a ban for visiting USA.
I have a clear criminal record because I had it earlier and I bet that this case didn't affect it, but I can always gain a complete clarity by requesting my criminal record (if that's the exact and proper name for it).
Any ideas? Help will be greatly appreciated.