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N-400 + Nolle Prosequi Traffic Ticket

N-400 + Nolle Prosequi Traffic Ticket

Old Sep 18th 2020, 6:44 am
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Default 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.
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Old Sep 18th 2020, 11:18 am
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Default 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.

Last edited by civilservant; Sep 18th 2020 at 11:22 am.
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Old Sep 18th 2020, 3:44 pm
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Default Re: N-400 + Nolle Prosequi Traffic Ticket

Originally Posted by civilservant View Post
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.
Okay. Thanks. Sorry just have mentioned the ticket was in SC. I don't think that changes your answer though.
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Old Sep 18th 2020, 3:47 pm
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Default Re: N-400 + Nolle Prosequi Traffic Ticket

Nope it doesn't
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Old Sep 19th 2020, 3:35 pm
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Default 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.
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Old Sep 19th 2020, 4:03 pm
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Default 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.

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.
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.
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Old Sep 19th 2020, 4:04 pm
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Default Re: N-400 + Nolle Prosequi Traffic Ticket

How much was the ticket originally given and how much did the lawyer cost?
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Old Sep 19th 2020, 4:48 pm
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Default 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?
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Old Sep 19th 2020, 6:15 pm
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Default Re: N-400 + Nolle Prosequi Traffic Ticket

Originally Posted by Former Lancastrian View Post
How much was the ticket originally given and how much did the lawyer cost?
Originally Posted by Rete View Post
Why did you get an attorney for a traffic ticket? Were you in jeopardy of losing your license is convicted?
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.
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Old Sep 19th 2020, 9:00 pm
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Default Re: N-400 + Nolle Prosequi Traffic Ticket

Originally Posted by tom169 View Post
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.
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...
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Old Sep 20th 2020, 3:17 am
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Default Re: N-400 + Nolle Prosequi Traffic Ticket

Originally Posted by tht View Post
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...
Cutting some one off
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Old Oct 2nd 2020, 3:59 am
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Default 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.
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