Traffic ticket - 2 points $400 and 1 mo suspension of licence

K

ketanco

Banned
Hello,
Before getting the Green card, in 2004, I had a speeding ticket over 100mph which cost me 2 points, $400 and one month driver's licence suspension, but there was no arrest, no fingerprinting or no misdemeanor. no tickets whatsoever since 2004.

Do I need to disclose that in citizenship application? And does this seem like a bad thing for approval? Thanks
 
A conviction for speeding above 100 mph is generally a misdemeanor. Did you plead to a lesser charge? Nevertheless, you still need to disclose it as a citation if you were required to go to court.
 
Bobsmyth said:
A conviction for speeding above 100 mph is generally a misdemeanor. Did you plead to a lesser charge? Nevertheless, you still need to disclose it as a citation if you were required to go to court.
Click to expand...

Bob, I am getting ready this week for n-400 application. I have speeding tix on my record, but NO court dates, and nothing close to 100mph! My last one was in 1998. Should I answer NO to "have you ever been detained/cited/arrested??
 
ketanco said:
Hello,
Before getting the Green card, in 2004, I had a speeding ticket over 100mph which cost me 2 points, $400 and one month driver's licence suspension, but there was no arrest, no fingerprinting or no misdemeanor. no tickets whatsoever since 2004.

Do I need to disclose that in citizenship application? And does this seem like a bad thing for approval? Thanks
Click to expand...

This is most likely a reckless driving. What state was it in? You need to disclose it.
 
trialanderror83 said:
Bob, I am getting ready this week for n-400 application. I have speeding tix on my record, but NO court dates, and nothing close to 100mph! My last one was in 1998. Should I answer NO to "have you ever been detained/cited/arrested??
Click to expand...

If it involved a citation (ie.required to go to court), then yes you need to disclose it according to USCIS instructions. But don't worry..it wouldn't adversely affect your determination of good moral character for naturalization.
 
on the ticket there were boxes for infraction, and then misdemeanor and then something more serious. Mine was the least, which was an infraction (police officer marked that one), not a misdemeanor. It was not a reckless driving either, I know that for sure... But I was called to court. Also on M-470 "A Guide to Naturalization" it says this:

"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."

As per these criteria I am okay but in addition to this the judge had also suspended my licence for a month so I guess to be safe I need to disclose it, does it appear something that would jeopardize the process though? Also considering that since then in 5-6 years I had no other ticket...
 
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ketanco said:
on the ticket there were boxes for infraction, and then misdemeanor and then something more serious. Mine was the least, which was an infraction (police officer marked that one), not a misdemeanor. It was not a reckless driving either, I know that for sure... But I was called to court.
Click to expand...

A traffic infraction that requires you to go to court is a citation and therefore needs to be disclosed.
 
ketanco said:
on the ticket there were boxes for infraction, and then misdemeanor and then something more serious. Mine was the least, which was an infraction (police officer marked that one), not a misdemeanor. It was not a reckless driving either, I know that for sure... But I was called to court. Also on M-470 "A Guide to Naturalization" it says this:

"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."

As per these criteria I am okay but in addition to this the judge had also suspended my licence for a month so I guess to be safe I need to disclose it, does it appear something that would jeopardize the process though? Also considering that since then in 5-6 years I had no other ticket...
Click to expand...
As you rightly point out yourself, your license was also suspended and therefore the penalty exceeds the limits of this provision anyway. However, even if it didn't, this clause doesn't say anything about not disclosing such citations. It merely says that you do not need to submit supporting documentation. You still need to disclose citations falling under this clause and it is still possible that the interviewer may require supporting documentation during or after the interview.
 
Yes I think disclosing this is the right thing, does it seem like a bad thing to jeopardize the whole thing? Again considering that in the last 5-6 years i had no other ticket since then...
 
ketanco said:
Yes I think disclosing this is the right thing, does it seem like a bad thing to jeopardize the whole thing? Again considering that in the last 5-6 years i had no other ticket since then...
Click to expand...
It will not jeopardize anything as long as you've paid the fine. Make sure you get confirmation of this from the court though, and submit it with the applicaiton.
 
Bobsmyth said:
If it involved a citation (ie.required to go to court), then yes you need to disclose it according to USCIS instructions. But don't worry..it wouldn't adversely affect your determination of good moral character for naturalization.
Click to expand...

So no need to submit speeding tix unless you were required to go to court?
 
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