Arrested for Red Light Camera Violation

N

n400time

Registered Users (C)
After subumitting my N400 application, I was arrested for a red light camera violation. I never received this citation (issued to incorrect address), hence never attended the court. As a result, a bench warrant was issued in 2007. I received a speeding ticket a year later, but the patrol officer never told me that I had a bench warrant.

Before submitting my n400, I obtained a cover of my DMV record and no violation was noted, except for the speeding ticket I got a year. I have a court date tomorrow, and I have no problem paying for the ticket but I want the record expunge

I urgently need some suggestions on what should I take from the court tomorrow. Also, will an arrest for a red light camera traffic violation cause a delay in my N400 application?
 
Did you submit a change of address to the DMV before you committed that red light violation? If not, that's probably why it was sent to the wrong address. If you did, but they still sent it to the wrong address, you need to argue to get whatever late fees removed from it.

The arrest will delay your process a bit, because any arrest will result in "decision cannot be made" at the interview, unless the crime is bad enough to give an immediate denial.
 
Jackolantern said:
The arrest will delay your process a bit, because any arrest will result in "decision cannot be made" at the interview, unless the crime is bad enough to give an immediate denial.
Click to expand...

There is no denial checkbox on the N652 form. So I think even it is bad enough, yous till get a "decision can not be made" result. The IO may orally tell you that
"I don't think you will be approved" but you can not get a wriiten denial resullt. The denial letter need to be very formal and list legal reasons the USCIS may be more prudent in
giving a denial letter than in giving a "recommended for approval" letter. I don't think the IO has time to write such a denial letter during the interview
 
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Since you got arrested after N400 submission, you will need to mention it to the IO when s/he asks if you need to change anything on the application. Even if you get the records expunged during your court hearing you will still need to mention it to the IO. If you have all the documents that show the case was dropped and/or you paid the fines and the case is closed, you should be OK (so make sure you get the case results document when you leave the court). You may get decision can not be made but you will be approved.
 
pay/settle the ticket and disclose ticket during the interview. Expunging it does not do any good and has no impact for N-400.
 
n400time said:
I urgently need some suggestions on what should I take from the court tomorrow. Also, will an arrest for a red light camera traffic violation cause a delay in my N400 application?
Click to expand...

Get the court disposition along with arrest record for bench warrant. Not having the documentation at interview will delay the processing of your application. Expungement has no effect for immigration purposes.
 
There was a very similar case mentioned here couple of month ago ( red light, cop stoped etc...) or that was you?.

I also didn't understand " I was arrested for a red light camera violation" you were arrested or you just got a ticket/citation ? then you didn't pay the fime or went to the court because the papers were sent the address in file with DMV but you were already moved from there ?
 
tomja1234 said:
I also didn't understand " I was arrested for a red light camera violation" you were arrested or you just got a ticket/citation ?
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The OP was arrested on a bench warrant when stopped for a speeding ticket. The bench warrant was issued after OP failed to appear in court for initial red light ticket.
 
Thanks guys for help.

Just wanted to give you guys some background info.

I was never stopped for speeding. I was stopped because there were variations in the brightness of my head-lights. The officer took my driver's license, ran it, then came back stating he was giving me a warning for the lights. It was a cold night, so he proceeded to write up the warning in his patrol vehicle. About ten minutes later, he claim that I had a bench warrant issued to me in 2007 for a "Camera" red light violation. I never received that citiation, since it was mailed to the incorrect address. The DMV had the correct address on their system, but because my car at the time still had another state license plate, they used the address from the other state to mail the citation. The funny thing is they claimed they used my current address on drivers license to verify with the image recognition software that they use to issue the citation. However, they chose to mail the ticket to a different state. Hence, I was unable to make a payment or even attended the court.

The speeding ticket I mentioned was to indicate that I was stopped after this warrant was issued, but was never warned or told I had a bench warrant. Hence, I think that this bench warrant was not in the primary database that the patrol officer ran. In addition, after a secondary check was made, the officer was made aware of this pending bench warrant.

Furthermore, as I stated before. I received my DMV transcript before I submitted my N400 application. There was no bench warrant in the transcript. Also, the speeding ticket that I received a year later was not in the transcript, because I did a defensive driving class. I submitted the payment for this speeding ticket, together with proof of completion of the class with my N400 application. Also my N400 application has a copy of my DMV transcript.

I will go and make the payment tomorrow. And will get the Court Certificate of disposition.

I now received a copy from the court with the citation being sent to the incorrect address.

I spoke to about 14 attorney and 7 said it was not a problem to affect my good moral character. The rest wanted to charge me to write some affidavits that I can submit on the day of my interview. One told me that I can write a statement, in addtion to the certificate of disposition and payment, explaining that exact scenario. Another suggested that I write the statement and make an info pass to disclose the arrest to USCIS before the interview. As a result, they would not be able to deny my case on the basis of failure to disclouse.

You guys are extremely resourceful and go way beyond the call of duty to assist. To that I am eternally grateful. Thanks again

Cheers
 
Update from my court:

After going to court two days ago, I received the following Certificate of Disposition today:

Case # xxx - Disposition Date: 12/8/09 Charge: Failure to Appear
Disposition: Found Not Guilty

Case # xxx - Disposition Date: 1/20/10 Charge: Automated Red Light Enforce/Fail to Comp
Disposition: Paid Total Amount in TVB

From your knowledge of the "Found Not Guilty" for "Failure to Appear," what does that signifies towards the magnitude to the arrest in my case? i.e. With this disposition, what can I expect from my IO?

Cheers
 
n400time said:
Update from my court:

After going to court two days ago, I received the following Certificate of Disposition today:

Case # xxx - Disposition Date: 12/8/09 Charge: Failure to Appear
Disposition: Found Not Guilty

Case # xxx - Disposition Date: 1/20/10 Charge: Automated Red Light Enforce/Fail to Comp
Disposition: Paid Total Amount in TVB

From your knowledge of the "Found Not Guilty" for "Failure to Appear," what does that signifies towards the magnitude to the arrest in my case? i.e. With this disposition, what can I expect from my IO?

Cheers
Click to expand...



You case doesn't strike me as complicated to the point of fireworks with IO. You just need to explain to the IO if he/she that DMV mailed the ticket to the wrong state, even though they had your correct address. Also,upon being notified of this bench warrant you did the honorable thing by settling this matter immediately. I don't see this affecting or even touching the moral character as required by USCIS. FOUND NOT GUILTY is good enough for me, so I think this won't be terrible. Let me understand, did the officer arrest you after finding that you had a bench warrant? If so, then it might not look so shiny, but it is not damaging. If you talk to 2-3 lawyers and there are conflicting views on the case, don't go further than that number because then you became a "serial opinion seeker". Just hope for the best, but prepare with all might you have, court records and an explanation in clear tone without equivocation during interview. Also, don't volunteer any information unless specifically asked. If the IO ignore this part and the details surrounding it, then accept it as a good omen for your sailing through...N400 goal posts. The arrest came after the N400 submission, so you just do an amendment to the N400 during adjudication...
 
Al Southner said:
You case doesn't strike me as complicated to the point of fireworks with IO. You just need to explain to the IO if he/she that DMV mailed the ticket to the wrong state, even though they had your correct address. Also,upon being notified of this bench warrant you did the honorable thing by settling this matter immediately. I don't see this affecting or even touching the moral character as required by USCIS. FOUND NOT GUILTY is good enough for me, so I think this won't be terrible. Let me understand, did the officer arrest you after finding that you had a bench warrant? If so, then it might not look so shiny, but it is not damaging. If you talk to 2-3 lawyers and there are conflicting views on the case, don't go further than that number because then you became a "serial opinion seeker". Just hope for the best, but prepare with all might you have, court records and an explanation in clear tone without equivocation during interview. Also, don't volunteer any information unless specifically asked. If the IO ignore this part and the details surrounding it, then accept it as a good omen for your sailing through...N400 goal posts. The arrest came after the N400 submission, so you just do an amendment to the N400 during adjudication...
Click to expand...

Al thanks,

The arrest was for the bench warrant issued for the citation that I never received. After the initial backgtound check on my drivers license, the officer was going to give me a warning. I am planning to disclose everything before the schedule interview date.

< Also, don't volunteer any information unless specifically asked.>
I am a bit lost with that statement., since I have to reveal my arrest.
 
n400time said:
The DMV had the correct address on their system, but because my car at the time still had another state license plate, they used the address from the other state to mail the citation.
Click to expand...
So this happened because you didn't register the car in your new state of residence when you were supposed to do so.
 
My interview is next week and I am making some ammendments to my N400 application form under the Good Moral Character clause.
I need some help on these changes under Part 10, Section D, Question 17, 18 and 21.

17. Have you ever been charged with committing any crime or offense?
Should I say "Yes", even though the verdict for Failure to appear was not guilty

18. Have you ever been convicted of a crime or offense?
No, because I was never found guilty and was never sentenced

21. Have you ever been in jail or prison?
No, because after being arrested , I had enough cash in hand to post bond immediately after being fingerprinted. I spent less that 30 minutes in the police station.
 
It is interesting because knowing CIS, they do not go looking at your information everyday, and since you do not know when they got the FBI and other checks, you never know whether they have this information with them.

What would you do (short of not filing N400) if if you knew all this information before you filed N400? Also assume that the arrest happened before you started filling up the N400 form.

Besides the fact that you would have more time to think, you would basically need to report it, irrespective of whether it was your fault or not, irrespective of whether you were found guilty or not. If you were fingerprinted, this is not something you would be able to sweep under the run as less than 500 dollar ticket.

Now the question is whether the IO knows, I would presume he/she does.

Your case is not bad - these do not seem serious issues - it is only how to represent them to CIS which is the issue.
#1. State the answers truthfully - Yes, you have been charged. Crime - No. Jail - No.
#2. Write and keep ready a 1-pager explanation of what happened. When I get into such situations (not with CIS, but with IT clients), rather than going English - I find it useful to make a table (with no borders maybe) and the narration goes in the time series

Time A - Any background. What happened. Your comments
Time B - Any background. What happened. Your comments.
Time C - Any background. What happened. Your comments

If you see the back and forth in the questions above - the idea is to provide all information (which you want to provide) in a clear and unambiguous form as well as provide a clear timeline on how this came to be.

I am not sure what CIS knows and what they do not, but A) if I were in your shoes, B) given that the arrest happened, and C) it seems to be a minor issue, I will pre-empt the CIS questioning and supply them with this information along with your statement of defense (if you call it that).
 
n400time said:
My interview is next week and I am making some ammendments to my N400 application form under the Good Moral Character clause.
I need some help on these changes under Part 10, Section D, Question 17, 18 and 21.

17. Have you ever been charged with committing any crime or offense?
Should I say "Yes", even though the verdict for Failure to appear was not guilty
Click to expand...

Yes on 17 (No on the others)
(You were charged with the crime of "Failure to Appear" - contempt of court - when you were arrested)
In your explanation, be brief and keep it to simple sentences so there's no confusion about what may have happened.

Regarding your other question about not volunteering information, perhaps here's an example:
Instead of :
I was arrested for a red light camera violation. I never received this citation (issued to incorrect address), hence never attended the court. As a result, a bench warrant was issued in 2007. I received a speeding ticket a year later, but the patrol officer never told me that I had a bench warrant
You could say:
On MM/DD/YYYY I was arrested on a bench warrant for not paying a Red Light Camera ticket that I never received. Upon appearing in Court, it was determined that the ticket was mailed to an incorrect out of state address. The Court rendered a decision of Not Guilty and the Failure to Appear charges were dismissed.
Certified copies of the disposition are attached:
(attach certified copies of the court documents)

i.e. the speeding ticket from a year later or the reason for the cop stopping you in the first place is 'extra' information not pertinent to the arrest.
 
sanjoseaug20 said:
It is interesting because knowing CIS, they do not go looking at your information everyday, and since you do not know when they got the FBI and other checks, you never know whether they have this information with them.

What would you do (short of not filing N400) if if you knew all this information before you filed N400? Also assume that the arrest happened before you started filling up the N400 form.

Besides the fact that you would have more time to think, you would basically need to report it, irrespective of whether it was your fault or not, irrespective of whether you were found guilty or not. If you were fingerprinted, this is not something you would be able to sweep under the run as less than 500 dollar ticket.

Now the question is whether the IO knows, I would presume he/she does.

Your case is not bad - these do not seem serious issues - it is only how to represent them to CIS which is the issue.
#1. State the answers truthfully - Yes, you have been charged. Crime - No. Jail - No.
#2. Write and keep ready a 1-pager explanation of what happened. When I get into such situations (not with CIS, but with IT clients), rather than going English - I find it useful to make a table (with no borders maybe) and the narration goes in the time series

Time A - Any background. What happened. Your comments
Time B - Any background. What happened. Your comments.
Time C - Any background. What happened. Your comments

If you see the back and forth in the questions above - the idea is to provide all information (which you want to provide) in a clear and unambiguous form as well as provide a clear timeline on how this came to be.

I am not sure what CIS knows and what they do not, but A) if I were in your shoes, B) given that the arrest happened, and C) it seems to be a minor issue, I will pre-empt the CIS questioning and supply them with this information along with your statement of defense (if you call it that).
Click to expand...

Thanks

I do plan on disclosing my arrest. I just wanted to redo the page also.
 
GungaDin said:
Yes on 17 (No on the others)
(You were charged with the crime of "Failure to Appear" - contempt of court - when you were arrested)
In your explanation, be brief and keep it to simple sentences so there's no confusion about what may have happened.

Regarding your other question about not volunteering information, perhaps here's an example:
Instead of :
I was arrested for a red light camera violation. I never received this citation (issued to incorrect address), hence never attended the court. As a result, a bench warrant was issued in 2007. I received a speeding ticket a year later, but the patrol officer never told me that I had a bench warrant
You could say:
On MM/DD/YYYY I was arrested on a bench warrant for not paying a Red Light Camera ticket that I never received. Upon appearing in Court, it was determined that the ticket was mailed to an incorrect out of state address. The Court rendered a decision of Not Guilty and the Failure to Appear charges were dismissed.
Certified copies of the disposition are attached:
(attach certified copies of the court documents)

i.e. the speeding ticket from a year later or the reason for the cop stopping you in the first place is 'extra' information not pertinent to the arrest.
Click to expand...

I am very grateful for your suggestion. I will formulate my letter accordingly.

If anyone else has any suggestions in regards to writing the statement, I will be eternally thankful.
 
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