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Traffic tickets and naturalization (threads merged)
- Thread starter patel789
- Start date
Okay , I also got some advise from my workmates today. They live in VA and most of them also got reckless driving tickets.
What they told me is
1)Show up on the court, dress formal
2) Bring your clean driver record
3) Take defensive driving courses before the court date
4) Explain that you are not from VA and is not familiar with VA traffic laws and etc
They said most likely they will let me pay the fine like a speeding ticket.. My friends said if this case does not happen, i can go with a lawyer for the second time..
So here is the real question, my court date is on April 15th and my anniversary for my gc is on may 27th. I am planing to send my documents on June 1st.. Worst case scenario if i can not solve this problem by myself on April 15th, i will hire a lawyer and go to court. But, do you think I can finish all this process before June ? If i have a court date scheduled after I apply to citizenship, do you think it is a problem ???
What they told me is
1)Show up on the court, dress formal
2) Bring your clean driver record
3) Take defensive driving courses before the court date
4) Explain that you are not from VA and is not familiar with VA traffic laws and etc
They said most likely they will let me pay the fine like a speeding ticket.. My friends said if this case does not happen, i can go with a lawyer for the second time..
So here is the real question, my court date is on April 15th and my anniversary for my gc is on may 27th. I am planing to send my documents on June 1st.. Worst case scenario if i can not solve this problem by myself on April 15th, i will hire a lawyer and go to court. But, do you think I can finish all this process before June ? If i have a court date scheduled after I apply to citizenship, do you think it is a problem ???
You don't need to hire a lawyer to plead down your traffic case. Evidence of past DMV record and willingness to take defensive driving class allows you to plea bargain with DA yourself. In Fact, the DA may automatically offer you plead down.
If DA refuses (I don't see why he/she would), then you can ask for continuance and hire lawyer. If a continuance is required, the trial date should be before interview so that you have proof of payment available if asked for.
If DA refuses (I don't see why he/she would), then you can ask for continuance and hire lawyer. If a continuance is required, the trial date should be before interview so that you have proof of payment available if asked for.
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Problem is, the amount of the fine hasn't been decided yet.
If it ends up as a misdemeanor conviction, it probably would show up in the FBI records. The OP needs to get a good lawyer to help bring it down to regular speeding without being a misdemeanor conviction.
Could the citizenship interview officers just be reasonable? Everyone
makes such a mistake. You can not imagine no driver ever drive 20 miles
above the limit. What is the big deal?
I seriously doubt a single reckless driving offense just based uopn speeding 20 miles above limit can cause any problem for
citizenship.
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Correct me if I'm wrong, but I thought that because immigration issues are handled at a federal level, offenses are evaluated at the lowest common denominator across all states. For example, if 49 states treat driving at 20 mph over the speed limit as a simple speeding violation whereas one classes it as a reckless driving misdemeanor, then from an immigration point of view that offense (+20 mph speeding) is viewed as a speeding violation for immigration purposes even though you may have been charged with reckless driving.Could the citizenship interview officers just be reasonable? Everyone
makes such a mistake. You can not imagine no driver ever drive 20 miles
above the limit. What is the big deal?
I seriously doubt a single reckless driving offense just based uopn speeding 20 miles above limit can cause any problem for
citizenship.
I seem to recall some articles about this subject several years ago. I think they specifically covered the case of someone being drunk in the driver's seat of a card but not actually driving. Different states had different views on how such a person was charged, leading to the then INS treating it as the lessor of the possible charges.
Reckless driving
FWIW, I got tagged for reckless driving in Fairfax County, VA about ten years ago. Like you, I was required to go to court. Since it was exactly twenty miles over (75 in 55 zone), the judge knocked it down to simple speeding instead of reckless driving, and the fine was less than $100 (plus court costs, which was another $60, I think).
There's a good chance you can get it reduced to simple speeding.
FWIW, I got tagged for reckless driving in Fairfax County, VA about ten years ago. Like you, I was required to go to court. Since it was exactly twenty miles over (75 in 55 zone), the judge knocked it down to simple speeding instead of reckless driving, and the fine was less than $100 (plus court costs, which was another $60, I think).
There's a good chance you can get it reduced to simple speeding.
Jackolantern
Registered Users (C)
You're wrong. They tend to look at the maximum possible sentence for the offense in the jurisdiction, and a conviction is a conviction. They don't care that in another state 20mph above the limit is simple speeding and a $100 fine, they just care that you were convicted of an offense that has a maximum sentence of a year. If you want USCIS to think of your case as nothing more than simple speeding, you need to have the charges downgraded to nothing more than simple speeding.Correct me if I'm wrong, but I thought that because immigration issues are handled at a federal level, offenses are evaluated at the lowest common denominator across all states.
If you want USCIS to think of your case as nothing more than simple speeding, you need to have the charges downgraded to nothing more than simple speeding.
What if the charge is still reckless driving but the offender end up paying less than $500? The maximum sentence is one year but there is no mandatory minimal penalty. If the court is crowded, court ofen want to save time and announce that anyone can plead guilty and pay even less than $ 100.
You're wrong. They tend to look at the maximum possible sentence for the offense in the jurisdiction, and a conviction is a conviction. .
Yes . that is true. Otherwise one convicted for illegal gambling
in one state can argue that he is not doing anything wrong because
another state allows such gambling.
On the way around, if you do something legal in one state, USCIS can
not say you are a bad person because the same thing would mean an
offense in another state. Of course some things are not crminal
but still reflect bad moral character like being a habitual drunkard,
legal prostitution in Neveda, etc
What can be tricky is if an offense happens in double jurisdiction
(locat estate and federal). Say if you steal something like a pensil
from a post office and you are only charged ,tried, and convicted by the state for petty
theft and federal court never bother to prosecute you, Let assume it is a petty theft by state law only punishbale
by less than 6 month but stealing federal property can carry up to 2 years by fedeal law
will USCIS measure what possible sentence the federal court would hand down?
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What if the charge is still reckless driving but the offender end up paying less than $500? The maximum sentence is one year but there is no mandatory minimal penalty. If the court is crowded, court ofen want to save time and announce that anyone can plead guilty and pay even less than $ 100.
The minimum fine for reckless driving in Virgina is $200, plus court costs. In many cases, the DA is willing to reduce the charge unless you have a history of traffic offenses. I witnessed first hand recently in local traffic court that the DA would automatically reduce the charge to 9mph over speed limit as to not impact insurance costs. It's really a no brainer to ask the DA for a reduced charge and present them with a clean DMV record and willingness to take defensive driving class if needed as supporting evidence. In many circumstances, you don't need a lawyer to represent you in court to plead a case in your favor.
As for pleading guilty to reckless driving (I don't know why someone would without asking for reduced sentence and/or hiring lawyer), a misdemeanor traffic charge may not have much impact towards your determination of moral character during the naturalization process (as long as it's paid in full of course), but it could end up haunting you later in life during job interviews and background checks.
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As for pleading guilty to reckless driving (I don't know why someone would without asking for reduced sentence and/or hiring lawyer), a misdemeanor traffic charge may not have much impact towards your determination of moral character, but it could end up haunting you later in life during job interviews and background checks.
The trouble is immigration not anything else. You can even plead guilty
and pay a small amount of civil fine for reckless driving and judge dismiss
the case six month later (deferred judgement). You don't have a
conviction at all for other purposes so you don't have to worry about
job interview etc. But for immigration, such outcome is also considered
to be conviction.
It may be considered a conviction under immigration law, but the question becomes how much weight a misdemeanor traffic offense involving a single reckless charge would have on the determination of your moral character. IMO, not much unless there is something else in your history to question moral character.
It may be considered a conviction under immigration law, but the question becomes how much weight a misdemeanor traffic offense involving a single reckless charge would have on the determination of your moral character. IMO, not much unless there is something else in your history to question moral character.
If that is the case, and one can get citizenship with a reckless driving conviction, one does not need to worry about how to get a job with a reckless driving conviction.
So for the original poster and anyone with similar experiences, the
only concern is immigration.
As for pleading guilty to reckless driving (I don't know why someone would without asking for reduced sentence and/or hiring lawyer),.
We can also say I don't know why someone would drive 20 miles per hour above the posted speed limit. We sometimes are just plain stupid.
Most of people in this form already realize immigrations consequence
because we read a lot here. But many nonciztizens out there never
realize this. If they think pleading guilty means a small civil fine and
dissmisal of the charge thru 6 month deferred judgement deal, they
would be happy to accept it. If people had been that smart in the
first place, they would not even drive 55 mph in a 35 mph zone.
We can also say I don't know why someone would drive 20 miles per hour above the posted speed limit. We sometimes are just plain stupid.
Most of people in this form already realize immigrations consequence
because we read a lot here. But many nonciztizens out there never
realize this. If they think pleading guilty means a small civil fine and
dissmisal of the charge thru 6 month deferred judgement deal, they
would be happy to accept it. If people had been that smart in the
first place, they would not even drive 55 mph in a 35 mph zone.
Driving 55 in a 35 mph zone is one thing. Driving 75 in a 55 mph zone is quite another. For instance, 55 mph is the NYC speed limit (on the highways, of course). No one here ever drives 55.
We can also say I don't know why someone would drive 20 miles per hour above the posted speed limit. We sometimes are just plain stupid.
I prefer the neutral term "attention to detail" or lack thereof rather than calling someone smart or stupid.
In the OP's case , he was driving home from work late at night. He was tired and lacked attention to detail (speeding limit). This doesn't make him stupid IMO. It's always easier to pass judgment than to be judged for your own actions.
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Driving 55 in a 35 mph zone is one thing. Driving 75 in a 55 mph zone is quite another.
In Virginia, both are reckless driving subject the same judge under teh same penal code. It might make differences when the judge consider sentencing
or penalty. and hope USCIS IO think 75/55 is better then 55/35.
I prefer the neutral term "attention to detail" or lack thereof rather calling someone smart or stupid.
In the OP's case , he was driving home from work late at night. He was tired and lacked attention to detail (speeding limit). This doesn't make him stupid IMO. It's always easier to pass judgment than to be judged for your own actions.
I udnerstand. My point is that people can accept some plea bargain
wihout attention to details of future consequences.