Big Mistake committed – currently in limbo – Can you help?

H

havefun

Registered Users (C)
Sometimes mind fails to deliver. I am thinking over and over the situation that has developed and I don’t know what to do at this time. I hope you guys can listen and come out with some ways to diffuse the situation currently I find myself into.

Here is what happened .

One fine Saturday morning when I was driving regularly (that’s what I think) on a very familiar road, I was stopped by a Police Office and charged with driving at 55 mph in the zone of 35 mph, although office thought that I was driving at 63 mph. He issues me a ticket.

I went to the court on the scheduled date. I was there to plead guilty but I wanted to offer explanation to the judge. When I was called, I started telling my side to the story but within a minute, I was asked whether you plead guilty or NOT guilty. I was thinking he will listed my side of the story and reduce the fine. But due to total ignorance about court proceddings – instead of asking him to let me tell you my explanation – I said NOT guilty. Then the judge set a date for trail. ( Again, let me re-iterate that I went to the court to plead guilty but wanted to tell him my side of the story so that he can reduce the fine. Due to my lack of knowledge in court proceedings, I said NOT guilty when asked.) – A big mistake on my part.

After few days, plaintiff ( in this case, the City) sent me a letter saying that they want to amend the charge and now they will charge me with driving at 63 mph in the zone of 35 mph.

Last Friday, I received a letter from the court – I am quoting the exact sentence here –

“The plaintiff appears with motion to amend. The court now determines that the motion to amend will ruled on prior to the start of the bench trial”.

For the obvious reasons, I am very nervous. I don’t know what to do. That’s why I am here to get some opinions. For the worst case scenario – let’s say the court amends the motion and I am found guilty of driving at 63 mph in the zone of 35 mph. I checked the Department of Motor Vehicles web site and this is what I found –

Serious Violation
If you are convicted of, or pled guilty to, speeding 25 miles or more over the legal speed limit.

Driver Improvement School

When your record shows convictions of three countable moving violations that were committed within a 12-month period, or you have been convicted of a speeding violation of 25 to 29 miles over the limit, you may be required to complete a driver improvement school at your local community college. After you have successfully completed the program, you will be on probation for one year. If you are convicted of a moving violation while on probation, the DOT's Office of Driver Services will start action to suspend your license. Also, a suspension notice will be mailed to you if you fail to complete the driver improvement program.


So I may be charged with serious violation and I might be asked to complete a driver improvement school at local community college.

What will be implication of this charge on N-400? Any idea?

By the way, I talked to some lawfirms but none of them are willing to take this case because they don’t take speeding cases.

What are my options here? I am willing to plead guilty of original charge which was driving at 55 mph in the zone of 35 mph . But can I make a deal with Public Prosecutor? How can I do that? When can I do that?

At the time of driving, my wife was with me. Can I make her a witness? Will it help my case or hurt my case?

I know I am asking too many questions but I really don’t know what to do? I am constantly thinking about this charge which is by the way, the biggest in my life. Attorneys are not willing to take this case so I have turned to you guys for help. Please help.

(I have one moving violation for the last three years – if this information helps you recommend anything for me).

I am at this time worried about keeping the Driving License and implication on N-400 if I am charged with serious violation.

Thanks for reading.
 
Havefun

“I am willing to plead guilty of original charge which was driving at 55 mph in the zone of 35 mph .”

You were already afforded a fair and as just opportunity in the Court of Law as to whether plead guilty or not on original charge wherein you made your choice already when you chose Not to plead guilty, regardless you call it a “mistake” or “lack of knowledge about Court Procedures” on your part. Don't you know that since you already made a choice on this case, hence a trial date is set up on this?

And it also wonders me how a “lack of knowledge” on your part becomes a great knowledge to you once you were able to find out the consequences of being convicted on upgraded/serious charges when you were able to search those information on Motor Vehicle Dept.’s site. Did you think you were going to Court last time to have chitchat with Judge or as if you were going to Disney Vacation to have a good time? If not, then why did you not bother to know all this so called-“court procedures” before going to Court last time around? No need to explain anything on it as there is no use now to waste time and energy on why and what actually happened especially when the fact would remain the same that-you did make a mistake.

And you should also know that original charge won’t be there anymore if Judge will grant Prosecutor's Motion to allow to amend the charges. So obviously, you cannot plead guilty to a charge that won’t be there anymore after being upgraded.



“can I make a deal with Public Prosecutor? How can I do that? When can I do that?”

You can try to make a deal with Public Prosecutor, but I highly doubt it that they would now make a deal with you especially when they know that you are trying to make such a deal to save your ass once charges are upgrading to serious ones. Otherwise, they would wonder why you did not bother to plead guilty to lesser charge earlier. “Mistake” or “Lack of Knowledge” won’t cut off here, at least with them. You have put them in a difficult situation when you chose to go on a trial by not pleading. It takes away their time, energy and effort to prepare for a trial on your case, which could have been invested on more serious cases than yours. And no need me to mention that taxpayers like us loose money each time when a case is being prepared for a trial. You could have stopped all this hassles before for the sake of everyone (prosecutors, Judge, Judge’s staff, Court clerks and others) if you would have made a wise decision after having been familiar with court procedures and after evaluating your best interests.

You may try to make a deal with Prosecutor now if you want to, but prosecutors usually don’t like to deal directly with defendants unless defendants have attorneys. But you can give a shot. First try to find out who is assigned to prosecute your case in the court. And then tell that person that you are willing to plead guilty to the original charge. I think they will agree on it especially when this is a traffic charges. Anyway there is nothing wrong in trying since who knows you might be able to break the ice. Nevertheless, if I were you and if I were not able to make a deal with prosecutor about pleading on lesser charge then I would plead guilty on serious violation than going on trial to have all kind of ordeal. Because, there is no much difference in both of these charges anyway if you see a big picture of them.



“At the time of driving, my wife was with me. Can I make her a witness? Will it help my case or hurt my case?”

If you like, you can surely make your wife as your witness, but it won’t help you at all to prove otherwise. Because prosecutors would try to impeach her creditability since she is your wife. So obviously, she has interest in being your side. Spouse, family members, friends and acquaintances are always considered ‘biased’ witnesses in a court and their testimonies are always disregarded or carry no weight in proving anything.


“I have one moving violation for the last three years”

It doesn’t matter whether you have ONLY one or millions of moving violations in last 3 yrs or 100 yrs. What is all matter that you do have violation on your record even if it is ONE.


“I am at this time worried about keeping the Driving License and implication on N-400 if I am charged with serious violation.”

First off, you should not worry about anything even if you will be charged for a serious violation. Because charging you for a serious violation doesn’t mean that you already found guilty of serious violation. You need to worry only if you get convicted of serious violation. There is a difference between being charged and being convicted.

Secondly, even if you would get convicted for serious violation, you would not loose your Driving privilege. Because, you will then be required to complete a ‘Driving Improvement’ classes AND you will be placed on probation for one year. Only if, pay attention here- ONLY IF you fail to complete ‘Driving Improvement’ classes, OR if you get convicted of moving violation during your probation period then DMV will suspend your Driving license. Yet still it would be a suspension and not a revocation. Suspension varies depending on the nature of violations. So obviously, there is nothing to get fuzzy about it.



“What will be implication of this charge on N-400?”

This is key factor of posting your question and worrying about it being a sixty million dollars question. Right? Then read my lips-you won’t face any problem on your N-400 because of this charge so long your case gets completely disposed by the time adjudication of N-400. That means- either you should have acquitted or paid fine or otherwise after being convicted. But, you must need to bring the original copy of ‘Court Disposition’ on it. A photocopy is not permitted to submit to USCIS about courts’ cases. The reason why you won’t encounter any problem on your N-400 due to this charge because it is a traffic violation/charge. The only time you would need to worry about traffic violation or charge if you would ever be charged for either DUI or reckless driving. Both charges are very serious in nature, and do carry negative implications on immigration applications and have possible criminal consequences.

Please don’t ask any further explanation on this from ME as I’ve tried to give you accurate and best information. Besides, I don’t believe in ‘hair-pulling’ for no reason.

Good Luck AND HaveFUN.
 
This is not a serious violation. Make a deal with the State's attorney. It may be worthwhile getting an attorney to go with you to court. This is routine bread and butter for most attorneys. You don't have to go for trial, in fact such cases hardly ever go to trial. Your attorney will have little difficulty getting this charge reduced.
All the best, and don't worry. This is NOT a big deal.
 
don't pay attention to some guys above (like johnycash) trying to scare you.

This is NOT a big deal (especially not for n-400 purposes).
If you want to have complete peace of mind try to talk to an attorney specializing in speeding tickets (there are many many of those).
He would probably charge you a few hundred bucks and will help you get the speed reduce.
Fighting it in court is more complicated. An attorney may be able to do something about it. Especially I am pretty sure they can't raise the speed now. Whatever the ticket says is what they should charge you with.

Don't worry this is not a big deal (unless they decide to charge you with reckless driving).
Try to talk to the DA or an attorney and see if they agree to reduce the speed especially if this is the first ticket in the last 3 years.
 
Dont worry

Dont worry about it , you will be fine .
Even Al Gore got tickets recently .
It is not a big deal for naturalisation . but if you were drunk that would be big deal
 
gcardo said:
This is NOT a big deal (especially not for n-400 purposes).
Click to expand...

Did I say that the above said situation of original poster would be a problem for his N-400? Matter of fact, I myself said very clearly when I mentioned about reading my lips that this situation won't create any problem as far as N-400 is concerned. What a jackass! I think some people do have comprehension problem. It would be better if they would try to learn reading well before criticizing someone.
 
gcardo said:
If you want to have complete peace of mind try to talk to an attorney specializing in speeding tickets (there are many many of those).
Click to expand...

Yes, there are many of them, and I'm one of them. You should also know that I'm also specialized in traffic laws in connection with immigration laws.
 
Last edited by a moderator:
gcardo said:
don't pay attention to some guys above (like johnycash) trying to scare you.
Click to expand...

First of all, I did not ask anyone to pay attention to my opinions even though it has proven that you did pay a great attention to my opinions. Nor I care whether or not someone pays attention to my opinions. I actually give my opinions just to help people whether or not they feel differently about my opinions. I don't spend my time, energy, and efforts to get attention from them. Just remember that.

Secondly, I don't care how scary my opinions are seemed to you (or to others) so long I know that I'm giving the correct and accurate information.

Thirdly, just because you don't seem to agree with my opinions then that doesn't mean that my opinons are meant to scare people.

Fourth, JohnnyCash always stands up for his beliefs and convictions regardless it would seem a scary one to other people. I won't pretend, nor I would play diplomacy in giving my opinions especially when I know that people's life could change if I ever give them wrong information intentionally. This is my style and I won't change it for anyone even if someone would think it as an attitude on my part.

Fifth, what did I do which made you to say that I scared this fella? I mean-what is so scary in my opinion???? Correct, accurate and helpful information???? And what do you think I would get in return by scaring people? Medals, clients, money, prestige, to-be-called-big shot, or I would win some kind of contest???? I've actually guided him about the best ways to deal with all his troubled situations as a helping hand to him, but then how would I have known that it would seem to be a "scary" one to some people like you. If helping someone and giving an accurate information are seemed to be a "scary" one to you then so be it. As if I care, right?

Get lost now.
 
Last edited by a moderator:
Hi Johnny;

You sound like a good person and all your help in this foruem is highly appreciated indeed. But I think it is just the attitude and the way of writing things. It is some how offensive. Don't take me wrong on that. I have an attitude issue too :D
 
gcardo

GCardo I find your rude comment about JohnnyCash unbelievable! He is one of the very few people on this board who actually knows what he is talking about. I certainly don't see you giving out advice to people that is as detailed or accurate as JohnnyCash. Furthermore, he gives information here that any other attorney would charge $250.00/30 minutes for, and it probably wouldn't be nearly as detailed or well put. Thank goodness JohnnyCash is direct and truthful, and doesn't try to sugar coat things in case he 'offends' some person who is afraid of the truth. He has helped so many people here! Shame on you, GCARDO for being so rude!
 
When I was reading JohnnyCash's reply I was getting an impression that he is an Attorney, which he himself confirms in the subsequent post.

Attorney's normally talk in that same tone. They have to show the reality instead of sugar coating everything. A sugar coated suggestion would lead to more of such blunders that 'havefun' has already done. I am sure he must have talked to his friends about this before going to the first court date and they must have told him similar stuff like what gcardo and others are saying.

Someone with knowledge about all this will tell you harsh but true things.

I have personally attended court date for speeding a few years back. At that time the court was empty and mine was the only case up for hearing. I am sure the judge was there only because of my case. I pleaded guilty and then the judge went on to chit chat with me and the officer. He heard the entire story that I had rehearsed 100 times for the reason of my overspeeding. Then he found my name interesting and went on to discuss about it in detail. This went on for about 45 minutes, we were laughing and just chit chatting for most of the time. In the end he reduced the speed on my ticket by 10 mph.

I am sure other judges and courts wont have so much time at hand to hear any stories. Now if any friend of mine gets a ticket and asks me about what to do then my suggestion may not help him at all.

Its better to do your homework before you set foot into the court before a judge. Jonnycash has put all the extreme possiblities on the table. Prepare yourself for the worst and if you get away with the least then well and good.
 
Last edited by a moderator:
Thanks for replies

Thanks guys for replies. My special thanks goes to JohnnyCash for his understanding of the law and the detailed explanation. After talking to few attorneys I know what I can do now and what I should do now. For the first time,I realized that talking to attorneys is not that bad and they don't charge you right away. Sometimes, they give you advice which looks good without any charge. By the way, attorneys charges ranged from $125-$500 for my case. All of them said , they are very certain that they will be able to reduce the charge to original charge (55 mph) after talking to City/County Attorney. But they also advised me that since this case is not that complicated, I can talk to the City/County Attorney directly.

After talking to these attorneys, I got some confidence and understood that my case is not that bad as I orginally thought it is. City Attorneys said that rulings on amendment is not done until a day before trial. So I can go to the court and plead guilty to the original charge (i.e. driving at 55 mph in the zone of 35 mph) and get it done with. So I am going to the court tomorrow and plead gulity to the original charge. An attorney as a word of caution advised me that make sure that you are pleading guilty to the original charge and NOT on ameded charge. He even advised me to write a few lines along the following which should state


I, the undersigned, do hereby enter my appearance in the above numbered cause of the offense of driving at speed of 55 mph in the zone of Speed Limit of 35 mph charged in the District Court and for XYZ County. I have been informed of my right to a trial. I understand that upon my plea of guilty the court will enter a judgement of guilty and assess a fine as a penalty. I do hereby plead guilty to said offense as charged. I do hereby waive my right to a jury trial and I agree to pay the penalty assessed.


I am going to the court tomorrow and hope my case comes to an end. I will make sure that I am not going to Disney Vacation to have a good time. I am going to court to plead guilty.

Overall, I have learnt a very good lesson. Never commit a crime. There is no point overspeeding. It does not help anyone. You hardly ever save any time.

Thanks everyone for your suggestion and contribution.
 
havefun said:
Overall, I have learnt a very good lesson. Never commit a crime. There is no point overspeeding. It does not help anyone. You hardly ever save any time.
Click to expand...

also, I would suggest that, if you did speed, mail the fine to the court house and be done with that. not sure why people like to go to court to "plea guilty" when they can just mail the check to them.
 
ocworker said:
also, I would suggest that, if you did speed, mail the fine to the court house and be done with that. not sure why people like to go to court to "plea guilty" when they can just mail the check to them.
Click to expand...

Well its not bad as it may sound. I got a speeding ticket and I decided to go the court. My record was clean. I had to sit through different cases. Some for petty charges with bogus excuses to some very legitimate concerns. i guess my turn came at number 20. When asked I said yes I was overspeeding and it was a mistake on my part. The judge looked at my history and decided to keep my record clean. So as a result my driving record stayed clean and all i did was pay 50 bucks in court fees.

Now if I had mailed the fine it would have been 80 bucks. So it is debatable if it is worth spending 2 hrs with possible outcome of a clean record or not getting into this mess by mailing out the fine... you take your pick. :)
 
jiyojiyo said:
And don't rely on any advice on this forum, its very much useless and preachy and top of that its BS.
Click to expand...

Why do you come to this forum? To spread more BS? Or to eat BS?
 
You must log in or register to reply here.
Top