N-400 + Nolle Prosequi Traffic Ticket
 

Starting to make some progress on my N-400 under the 3 year rule. 3 year anniversary in December, but able to file early - hopefully before the price hike.

Back in 2017 I received a moving violation traffic ticket reading "Improper driving on roadways laned for traffic" - Rush hour I-77

Got an attorney, performed an online class and some other things and managed a "Nolle Prosequi" disposition under the charge "Traffic / Passing Unlawfully".

Here's how I am answering first 3 in relation to this ticket:

Have you EVER been arrested, cited, or detained by any law enforcement officer (including any immigration official or any official of the U.S. armed forces) for any reason?
Yes

Have you EVER been charged with committing, attempting to commit, or assisting in committing a crime or offense?
Yes

Have you EVER been convicted of a crime or offense?
No

Now where I am getting slightly held up is "Have you EVER been placed in an alternative sentencing or a rehabilitative program (for example, diversion, deferred prosecution, withheld adjudication, deferred adjudication)?"
I don't feel like I have been placed into anything - I was not ordered by a judge. But I did partake in the traffic education program.

Any feedback? Thanks in advance.

Re: N-400 + Nolle Prosequi Traffic Ticket
 

I would be stating yes to all (except the conviction) and stating the facts of the education program. I don't see how that could possibly harm you, and it covers you either way.

If the Officer interviewing you doesn't care, it won't be mentioned. I had 2 speeding tickets, and they never came up. I did however submit the ticket and evidence of the fine being paid, even though I didn't need too according to the guidance as it was less than $500.

I had a quick look at NC 'Nolle Prosequi' and it seems that it's similar to a dismissal without prejudice, so in theory the action could be brought again should you not have completed the program, I suspect.

Re: N-400 + Nolle Prosequi Traffic Ticket
 

Okay. Thanks. Sorry just have mentioned the ticket was in SC. I don't think that changes your answer though.

Re: N-400 + Nolle Prosequi Traffic Ticket
 

Nope it doesn't :)

Re: N-400 + Nolle Prosequi Traffic Ticket
 

You didn't commit a 'crime' - you committed a moving traffic violation. You weren't physically arrested, although you were cited. I'd be answering no to the second and third. I'd also be answering no to the latter. Quite honestly, this kind of stuff shows up on my MDT and on the local crime computer, but I don't even know if it would show up on NCIC, the national system.

Re: N-400 + Nolle Prosequi Traffic Ticket
 

You're wrong. The answer is very state dependent.

In GA a speeding ticket, and most traffic tickets, are misdemeanors.

It clearly states on any ticket that I have ever seen that 'you have been accused of the following offense'. Therefore the correct answer to 2) is yes.

So what? Pretending is doesn't exist is not a good idea. In fact it's misrepresenting a material fact - which if discovered could get you denaturalized.

Re: N-400 + Nolle Prosequi Traffic Ticket
 

How much was the ticket originally given and how much did the lawyer cost? :lol:

Re: N-400 + Nolle Prosequi Traffic Ticket
 

Why did you get an attorney for a traffic ticket? Were you in jeopardy of losing your license is convicted?

Re: N-400 + Nolle Prosequi Traffic Ticket
 

Ticket was $155, attorney was $300. No court costs, didn't need to pay the ticket, but had to spend < $100 on the online class.

So all in all a couple hundred more for no insurance impact and have someone run to the courthouse, phone the police officer (in SC the police officer prosecutes their own ticket). Not trying to be rude here, but my time is better spent on other things for that amount of money.

Re: N-400 + Nolle Prosequi Traffic Ticket
 

OT what was the actual ticket for? Passing? Staying in the passing lane ? I wish they would give a lot more tickets for the latter here...

Re: N-400 + Nolle Prosequi Traffic Ticket
 

Cutting some one off

Re: N-400 + Nolle Prosequi Traffic Ticket
 

Filed online today. 7-15 months is the estimate. On the earlier side of that would be beneficial as I can put off renewing my British passport. Otherwise I'm not in a rush.

Re: N-400 + Nolle Prosequi Traffic Ticket
 

Have you had the biometrics appointment yet? Or has it fallen into a COVID black hole?

Re: N-400 + Nolle Prosequi Traffic Ticket
 

They're reusing my 2019 biometrics

Re: N-400 + Nolle Prosequi Traffic Ticket
 

[QUOTE=tom169;12911483]Starting to make some progress on my N-400 under the 3 year rule. 3 year anniversary in December, but able to file early - hopefully before the price hike.

In reference to your quote above "able to file early" can you elaborate just how early did you file prior to the three years date and how many physical present days did you have at the time of filing?