Traffic citation

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Registered Users (C)
I have searched thread and looked at USCIS web site.... This is USCIS web site states:

"Note that unless a traffic incident was alcohol or drug related, you do not need to submit documentation for traffic fines and incidents that did not involve an actual arrest if the only penalty was a fine of less than $500 and/or points on your driver’s license."

Does not mention how many points? Even a single point?

Here is my situation:

I was stopped for over speeding. When I got home I realized that officer had charged me with two charges: 1) Reckless driving 2) failure to stop for emergency vehicle.

Prosecutor told me that he's dropping reckless driving charge after questioning police officer that if I was doing anything else, like swirling, other than speeding? Officer said and he told officer that it is not reckless driving.

2nd charge I could have won but this was out of state and have to go to the court. So, I plead guilty and paid fine.

since I'm not licensed in that State, I'm not sure if my state will deduct any points (that state deduct 2 points).

What should I do? Do I have to worry about these citations/convictions? Should I try to get letter from prosecutor that reckless driving charge was dropped as it was incorrect.

Now I think about it, I should have fought 2nd charge which was completely bogus - even I had to travel 3 hours to neighboring state.

Thanks,
 
Thanks for pointing this out.

Fine was $20 plus court costs = total $180

In real world it is not bad... but..

In my citizenship when I declare that I was cited for "reckless driving" and "failure to yield to emergency vehicle" - it looks bad. What citizenship judge would think about.

I'm planning to apply without any attorney... it is straight forward... should I seek legal representation.

Thanks,
 
Thanks for pointing this out.

Fine was $20 plus court costs = total $180

In real world it is not bad... but..

In my citizenship when I declare that I was cited for "reckless driving" and "failure to yield to emergency vehicle" - it looks bad. What citizenship judge would think about.

I'm planning to apply without any attorney... it is straight forward... should I seek legal representation.

Thanks,

For 1st charge, just write "the charge was dropped" under the outcome column.

I don't think it is worth hiring a lawyer. You can do some research and write yourself an addendum stating that a charge that was dropped.

By the way, did incidence occurred in Virginia? That state is notorious for giving many drivers a reckless driving citation
for just speeding. I would not surprise your Intervieew officer once got one or two soemtime

can not be used blah blah
 
For 1st charge, just write "the charge was dropped" under the outcome column.

I don't think it is worth hiring a lawyer. You can do some research and write yourself an addendum stating that a charge that was dropped.

By the way, did incidence occurred in Virginia? That state is notorious for giving many drivers a reckless driving citation
for just speeding. I would not surprise your Intervieew officer once got one or two soemtime

can not be used blah blah

Thanks,

It was WV. Surprisingly prosecutor asked the detail about reckless charge.. and told officer it is not reckless driving. My guess is that officer thought that I was out of State and will plea guilty (no choice) and just pay huge fine.

What do you mean "can not be used blah blah"... does this mean that this can't be used against me as check for "moral character"?

Thanks,
 
I had 2 traffic tickets and I did not declare them in my N-400. I was prepared to declare them at interview, but it never came up.
 
I had 2 traffic tickets and I did not declare them in my N-400. I was prepared to declare them at interview, but it never came up.

Interesting... if you disclose during interview and not on application, this would definitely cause problem. Not sure if they would reject application on the basis that you mus-represented on the original application.
 
You actually "sign" the N-400 during the interview , so I would assume 1 mistake would be tolerated. My wife too had missed documenting one trip outside USA, but she volunteered that information herself and the IO corrected the N-400 form herself. The N-400 instruction says that you do not need to provide documentation for traffic tickets if it was under $500. Actual quote from the Guide by USCIS "Note that unless a traffic incident was
alcohol or drug related, you do not need to submit documentation for traffic fines and
incidents that did not involve an actual arrest if the only penalty was a fine less than
$500 and/or points on your driver’s license.
" http://www.uscis.gov/files/article/M-476.pdf.
My advise would be to declare them on form and get all clearance certificates from court houses/ police stations etc.
 
Man, WV shook you down! This is happening all over the country now. Officers target out-of-state plates for frivolous ticketing to meet their city's budget quotas! They know you have no choice but to pay rather than appear in court as the journey there might cost double the ticket fee! This is how life in the USA has become sweet brother! You're worrying too much..it's not a big deal with USCIS.
 
Man, WV shook you down! This is happening all over the country now. Officers target out-of-state plates for frivolous ticketing to meet their city's budget quotas! They know you have no choice but to pay rather than appear in court as the journey there might cost double the ticket fee! This is how life in the USA has become sweet brother! You're worrying too much..it's not a big deal with USCIS.

A citation for reckless driving usually requires court appearance and does not allow main-in guilty plea because it can carries
a jail time so that ironically for th ebebefit of defendants, judges want to make sure you really understand the charge
and consequences of a guilty plea
 
Hey folks,

Mr. Khanna was asked this question and answer by Mr. Khanna - this was asked on the front page of immigration.com. He was nice to answer the question.

" Mr. Khanna, could you please shed some light on N-400 Part 10 section D, questions 16, 17 18.

If you have just traffic tickets which have fine less than $500... which questions should you answer "YES" to?

Thanks

reply
N-400 traffic citation
Submitted by Rajiv S. Khanna on Jun 24th 2013.
I prefer to disclose everything except parking violations."
 
I asked my attorney the same question as my wife had a minor crash few years back which was dismissed after she took defensive driving course. He told me to mention it in N400 and don't worry about it as the original fine was $250. Just to be on safe side I contacted the municipal court and got the written proof of case dismissal incase the IO ask her during the interview.

It was hard to find exactly who should I contact to get the record. So for everyone's knowledge you will have to find out who issued the ticket. Was it state trooper or city police? In our case it was city police and we contacted municipal court to get the record.
 
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