Legal consequences aside, 55 mph speed limit is a very antiquated law, originally enacted to save gasoline (for more information, take a look here: http://www.motorists.org/speedlimits/). USCIS is not a motor vehicle authority, so it's not up to them to decide what is better. They are only concerned with whether or not there's been a criminal conviction.
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Traffic tickets and naturalization (threads merged)
- Thread starter patel789
- Start date
Legal consequences aside, 55 mph speed limit is a very antiquated law, originally enacted to save gasoline (for more information, take a look here: http://www.motorists.org/speedlimits/). USCIS is not a motor vehicle authority, so it's not up to them to decide what is better. They are only concerned with whether or not there's been a criminal conviction.
They are only concerned with whether or not there's been a criminal conviction.
That is exactly why Virginia reckless driving law scare people.
That is exactly why Virginia reckless driving law scare people.
From what I understand, Virginia has very strict driving laws in general. Correct me if I'm wrong, but isn't it also illegal to use radar detectors in Virginia?
From what I understand, Virginia has very strict driving laws in general. Correct me if I'm wrong, but isn't it also illegal to use radar detectors in Virginia?
Don't know. The lesson is before getting citzenship, don't do anything
you are not sure about. (Lesson come too late fo rmany). There are many
things we don't know. Maybe you often play a poker game with little bit money
with your friends but maybe your state law say that is illegal gambling.
If you are charged, you have a ciminal record and also has a commerlized vice
issue with USCIS.
I don't really think citizenship can be declined based upon a single
35/55 speeding even if it is reckless driving. But if you get it,
you are not sure you will get another reckless driving ticket
in VA very soon. Traccfic violations are strict liability offense
so you can end up commiting one without any intent to do it.
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Even if it weren't a criminal charge, failure to show up in traffic court for a simple speeding ticket is enough for a bench warrant to be issued. Now, if an applicant chooses not to disclose a minor unpaid speeding ticket on the application, but has a bench warrant out for their arrest for failure to appear in court the question is if the bench warrant is visible to USICS during the background check and if it would have any consequences on the determination of moral character, especially when some applicants may not even be aware they have a bench warrant out for failure to appear in court.
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Even if it weren't a criminal charge, failure to show up in traffic court for a simple speeding ticket is enough for a bench warrant to be issued. Now, if an applicant chooses not to disclose a minor unpaid speeding ticket on the application, but has a bench warrant out for their arrest for failure to appear in court the question is if the bench warrant is visible to USICS during the background check and if it would have any consequences on the determination of moral character, especially when some applicants may not even be aware they have a bench warrant out for failure to appear in court.
Massaschusste and a few other state completely de-criminalize oridnary traffic offense and a traffic ticket is considered only a civil matter.
I don't know if one still need to disclose a traffic violation in Massachussets.
Massaschusste and a few other state completely de-criminalize oridnary traffic offense and a traffic ticket is considered only a civil matter.
I don't know if one still need to disclose a traffic violation in Massachussets.
I believe that minor traffic violations are considered non-criminal matters in most states.
I believe that minor traffic violations are considered non-criminal matters in most states.
Techinically they are handled like criminal case and traffic laws are part of
criminal penal code. There are three type of crime - felony, misdemeanor,
and infraction. Traffic violations are in infraction. Technically all three types
are crimes but in practice people do not call infraction crimes
In Mass, traffic violations are pursued like civil trial.
You will be found liable not guilty. Some rules like hearsay rule do not
apply. It is very ironic but actually these state make traffic violation civil case in
order to find an easy way to punish traffic violation because burden of proof is much lower
in a civil trail than a crminal trial. Since there is almost no jail term for
traffic violation and it is all about collecting money, Masssachussetts and
a few other states figure why not just de-criminalize them and make them
civil matter/
Hearsay may not apply so a police do not need to testify against you.
A letter from the police who issue teh ticket is good enough.
Massachussettis also unique in that speed limit is not meant to be
absolute on many state roads. Driving above speed limit is legally allowed as
long as one can reasonable assume it is safe. That is why many people
in Mass dare to openly drive 20 miles above speed limit even in presence of
a police car because it is not really speeding as long as it is safe.
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Techinically they are handled like criminal case and traffic laws are part of
criminal penal code. There are three type of crime - felony, misdemeanor,
and infraction. Traffic violations are in infraction. Technically all three types
are crimes but in practice people do not call infraction crimes
In Mass, traffic violations are pursued like civil trial.
You will be found liable not guilty. Some rules like hearsay rule do not
apply. It is very ironic but actually these state make traffic violation civil case in
order to find an easy way to punish traffic violation because burden of proof is much lower
in a civil trail than a crminal trial. Since there is almost no jail term for
traffic violation and it is all about collecting money, Masssachussetts and
a few other states figure why not just de-criminalize them and make them
civil matter/
Hearsay may not apply so a police do not need to testify. A letter from the police who issue teh ticket is good enough.
Massachussettis also unique in that speed limit is not meant to be
absolute on many state roads. Driving above speed limit is legally allowed as
long as one can reasonable assume it is safe. That is why many people
in Mass dare to openly drive 20 miles above speed limit even in presence of
a police car because it is not really speeding as long as it is safe.
In a way, NYS's traffic violation system is similar. Traffic violations are handled by the local branch of the traffic violation bureau. If the respondent requests a hearing, it's handled by an administrative law judge. However, non-appearance of the issuing police officer results in an automatic dismissal of the violation.
In a way, NYS's traffic violation system is similar. Traffic violations are handled by the local branch of the traffic violation bureau. If the respondent requests a hearing, it's handled by an administrative law judge. However, non-appearance of the issuing police officer results in an automatic dismissal of the violation.
Florida, Massachusetts, Michigan. Oregan and Washington have completely "decrminalized" traffic violations except reckless and DUI
However, non-appearance of the issuing police officer results in an automatic dismissal of the violation.
In Massachussetts, you may not have the right to insist the ticketing office being present. He can just testify by sending a written statement.
Since it is a civil case in Mass., you don't have the right to confront the witness (the 6th amendmend).
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According to this reference, traffic infractions (minor traffic tickets) are civil in nature whereas only more serious ones are considered criminal and are labeled as offenses.Techinically they are handled like criminal case and traffic laws are part of criminal penal code. There are three type of crime - felony, misdemeanor, and infraction. Traffic violations are in infraction. Technically all three types are crimes but in practice people do not call infraction crimes.
http://www.criminal-law-lawyer-source.com/terms/traffic.html
In Mass, traffic violations are pursued like civil trial.
You will be found liable not guilty. Some rules like hearsay rule do not
apply. It is very ironic but actually these state make traffic violation civil case in
order to find an easy way to punish traffic violation because burden of proof is much lower
in a civil trail than a crminal trial. Since there is almost no jail term for
traffic violation and it is all about collecting money, Masssachussetts and
a few other states figure why not just de-criminalize them and make them
civil matter/
Massachussettis also unique in that speed limit is not meant to be
absolute on many state roads. Driving above speed limit is legally allowed as
long as one can reasonable assume it is safe. That is why many people
in Mass dare to openly drive 20 miles above speed limit even in presence of
a police car because it is not really speeding as long as it is safe.
Again, that depends on the charge. Reckless driving is a criminal offense even in Massachusetts. A traffic violation can either be an infraction (minor, civil matter) or an offense (more serious, criminal matter). To suggest that driving over posted speed limit in Massachusetts is legally allowed as long as it is done safely is nonsense.
http://www.mass.gov/legis/laws/mgl/90-17.htm
http://www.masscriminaldefense.com/reckless.htm
http://www.mass.gov/rmv/dmanual/chapter4.pdf
To suggest that driving over posted speed limit in Massachusetts is legally allowed as long as it is done safely is nonsense.
It is called "presumed speed limit" in several states include Massachusste except interstate highway.
It is OK to drive 65 mph on a 60 mph highway in the very early morning when there is much traffic.
In most states, it is calle d"absolute speed limit", it is an offense
even if you drive 61 mph on a 60 mph highway
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Here's what the code says:
Chapter 90: Section 17. Speed limits
Section 17. No person operating a motor vehicle on any way shall run it at a rate of speed greater than is reasonable and proper, having regard to traffic and the use of the way and the safety of the public. Unless a way is otherwise posted in accordance with the provisions of section eighteen, it shall be prima facie evidence of a rate of speed greater than is reasonable and proper as aforesaid (1) if a motor vehicle is operated on a divided highway outside a thickly settled or business district at a rate of speed exceeding fifty miles per hour for a distance of a quarter of a mile, or (2) on any other way outside a thickly settled or business district at a rate of speed exceeding forty miles per hour for a distance of a quarter of a mile, or (3) inside a thickly settled or business district at a rate of speed exceeding thirty miles per hour for a distance of one-eighth of a mile, or (4) within a school zone which may be established by a city or town as provided in section two of chapter eighty-five at a rate of speed exceeding twenty miles per hour. Operation of a motor vehicle at a speed in excess of fifteen miles per hour within one-tenth of a mile of a vehicle used in hawking or peddling merchandise and which displays flashing amber lights shall likewise be prima facie evidence of a rate of speed greater than is reasonable and proper. If a speed limit has been duly established upon any way, in accordance with the provisions of said section, operation of a motor vehicle at a rate of speed in excess of such limit shall be prima facie evidence that such speed is greater than is reasonable and proper; but, notwithstanding such establishment of a speed limit, every person operating a motor vehicle shall decrease the speed of the same when a special hazard exists with respect to pedestrians or other traffic, or by reason of weather or highway conditions. Any person in violation of this section, while operating a motor vehicle through the parameters of a marked construction zone or construction area, at a speed which exceeds the posted limit, or at a speed that is greater than is reasonable and proper, shall be subject to a fine of 2 times the amount currently in effect for the violation issued. Except on a limited access highway, no person shall operate a school bus at a rate of speed exceeding forty miles per hour, while actually engaged in carrying school children.
What this means is that traveling above the speed limit (posted or otherwise) is evidence enough of traveling at a "speed greater than is reasonable and proper, having regard to traffic and the use of the way and the safety of the public"
Chapter 90: Section 17. Speed limits
Section 17. No person operating a motor vehicle on any way shall run it at a rate of speed greater than is reasonable and proper, having regard to traffic and the use of the way and the safety of the public. Unless a way is otherwise posted in accordance with the provisions of section eighteen, it shall be prima facie evidence of a rate of speed greater than is reasonable and proper as aforesaid (1) if a motor vehicle is operated on a divided highway outside a thickly settled or business district at a rate of speed exceeding fifty miles per hour for a distance of a quarter of a mile, or (2) on any other way outside a thickly settled or business district at a rate of speed exceeding forty miles per hour for a distance of a quarter of a mile, or (3) inside a thickly settled or business district at a rate of speed exceeding thirty miles per hour for a distance of one-eighth of a mile, or (4) within a school zone which may be established by a city or town as provided in section two of chapter eighty-five at a rate of speed exceeding twenty miles per hour. Operation of a motor vehicle at a speed in excess of fifteen miles per hour within one-tenth of a mile of a vehicle used in hawking or peddling merchandise and which displays flashing amber lights shall likewise be prima facie evidence of a rate of speed greater than is reasonable and proper. If a speed limit has been duly established upon any way, in accordance with the provisions of said section, operation of a motor vehicle at a rate of speed in excess of such limit shall be prima facie evidence that such speed is greater than is reasonable and proper; but, notwithstanding such establishment of a speed limit, every person operating a motor vehicle shall decrease the speed of the same when a special hazard exists with respect to pedestrians or other traffic, or by reason of weather or highway conditions. Any person in violation of this section, while operating a motor vehicle through the parameters of a marked construction zone or construction area, at a speed which exceeds the posted limit, or at a speed that is greater than is reasonable and proper, shall be subject to a fine of 2 times the amount currently in effect for the violation issued. Except on a limited access highway, no person shall operate a school bus at a rate of speed exceeding forty miles per hour, while actually engaged in carrying school children.
What this means is that traveling above the speed limit (posted or otherwise) is evidence enough of traveling at a "speed greater than is reasonable and proper, having regard to traffic and the use of the way and the safety of the public"
From what I understand, Virginia has very strict driving laws in general. Correct me if I'm wrong, but isn't it also illegal to use radar detectors in Virginia?
I also heard that if you mnove into Virginia and do not replace your out of state driver license with a Virginia one within 30 days .After 30 days, you can not drive with a out of state driver license any more otherwise they cite you for driving without license.
Other states also require new residents to replace out of state DL but usually hornor out of state DL even if you do not replace it for quite a long time. But in Vigirnia, it can be different.
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What this means is that traveling above the speed limit (posted or otherwise) is evidence enough of traveling at a "speed greater than is reasonable and proper, having regard to traffic and the use of the way and the safety of the public"
I don't know. I never been to Mass. But a friend of mine moved there and
told me he was amazed that on some state roads (not interstate) people don't care and just drive up to 20 miles abvove speed limit even police cars are just moving along with them. He said laws there allow it when it is
presumed to be safe.
I also heard that if you mnove into Virginia and do not replace your out of state driver license with a Virginia one within 30 days .After 30 days, you can not drive with a out of state driver license any more otherwise they cite you for driving without license.
Other states also require new residents to replace out of state DL but usually hornor out of state DL even if you do not replace it for quite a long time. But in Vigirnia, it can be different.
Technically, the law to replace an out-of-state driver license within 30 days of relocation is on the books in every state; it's just that most states don't strictly enforce it. As far as Virginia goes, how would the police officer know how long an out-of-state license holder has been, if at all, residing in Virginia?
Technically, the law to replace an out-of-state driver license within 30 days of relocation is on the books in every state; it's just that most states don't strictly enforce it. As far as Virginia goes, how would the police officer know how long an out-of-state license holder has been, if at all, residing in Virginia?
Suppose you register your vehicle with Virginia but do not get VA dirver license, the police can find out on the spot when they pull you over.
They may also just ask where you live and how long you have lived there. They may also ask to look at yoru insurance card and find inconsistency.
If you laready been in VA for one year but you tell the police you just moved in 10 days ago, you might be lucky if the cop just let you go or the cop
bother to investigate further. They can eventually get your rental agreement, mortgage doc etc. Telling untruth to an investigating officer can be charged
with obstruction of justice etc
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I believe Vopral was referring to a situation where you don't change car registration over to new state you're residing in, keep everything under your previous out of state address and have it forwarded it to you. There's most likely no way for a cop to find out about it if they stop you, unless you admit to actually residing in the new state.
I believe Vopral was referring to a situation where you don't change car registration over to new state you're residing in, keep everything under your previous out of state address and have it forwarded it to you. There's most likely no way for a cop to find out about it if they stop you, unless you admit to actually residing in the new state.
Hopefully. The dilemma is what if the cop ask where you live?
Should you just answer you live at the address listed on your
out of state driver license even if you moved into Virgia 6 month ago?
If answer I live in Virginia now. Then the cop can ask you for how long
you have lived in Virginia. Then the trouble starts if the cop
is serious to pursue this issue.
I only read Virginia does not hornor out of state unexpired driver
license after 30 days since you start living in VA. I have no idea if they actually serious
pursue such violation or not.
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Hopefully. The dilemma is what if the cop ask where you live?
Should you just answer you live at the address listed on your
out of state driver license even if you moved into Virgia 6 month ago?
If answer I live in Virginia now. Then the cop can ask you for how long
you have lived in Virginia. Then the trouble starts if the cop
is serious to pursue this issue.
I only read Virginia does not hornor out of state unexpired driver
license after 30 days since you start living in VA. I have no idea if they actually serious
pursue such violation or not.
In NYC, where auto insurance premiums sometimes exceed the monthly payments for the vehicle itself (I'm not kidding, either), it's very common for residents to obtain an out-of-state license through a relative or a friend (Florida, New Jersey and Connecticut seem to be the most popular) and register their vehicle at the address listed on the license. In fact, a friend of mine did this for several years while he was in college. He's been pulled over several times in NYC and told the cops that he's visiting friends, if they asked him what he's doing here.