Pulled over tonight

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Old Aug 16th 2016, 8:50 pm
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Default Pulled over tonight

Was stupid, was holding my phone and got pulled over today on way home in the UK.

They didn't issue a ticket, apparently it goes to a desk clark and they decide wether to dismiss, training course, points/fine or court.

I'll find out in a couple of weeks but is this something I need to declare when I file AOS later this year if it's only a points/fine or the training course?

Hoping this counts as a traffic violation?
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Old Aug 16th 2016, 9:05 pm
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Default Re: Pulled over tonight

It depends how the question is worded on the AOS forms.

But even if you have to declare it, it's not something that will get your AOS denied.

Rene
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Old Aug 16th 2016, 9:13 pm
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Default Re: Pulled over tonight

Thanks, just panic mode
I need to check the other forms but this was the main one

Have you EVER, in or outside the United States:
a. Knowingly committed any crime of moral turpitude or a drug-related offense for which you have not been
arrested?
b. Been arrested, cited, charged, indicted, convicted, fined, or imprisoned for breaking or violating any law
or ordinance, excluding traffic violations?
c. Been the beneficiary of a pardon, amnesty, rehabilitation decree, other act of clemency, or similar action?
d. Exercised diplomatic immunity to avoid prosecution for a criminal offense in the United States?

See 1b from AOS form
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Old Aug 16th 2016, 9:17 pm
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Default Re: Pulled over tonight

Originally Posted by Mangaboy84
Have you EVER, in or outside the United States:
I don't see that any of these things have happened. Take a step back... breathe... relax!

If, at some point in the future you apply to naturalize as a US citizen, you will need to declare that you were detained by an officer, but you won't need any paperwork... it's a reporting requirement only.

Ian
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Old Aug 16th 2016, 9:20 pm
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Default Re: Pulled over tonight

Originally Posted by ian-mstm
If, at some point in the future you apply to naturalize as a US citizen, you will need to declare that you were detained by an officer, but you won't need any paperwork... it's a reporting requirement only.

Ian
And that's why I posted, it's something I would have missed when that time comes.
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Old Aug 16th 2016, 9:21 pm
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Default Re: Pulled over tonight

I'm guessing this counts as a traffic violation.

Rene
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Old Aug 16th 2016, 9:25 pm
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Default Re: Pulled over tonight

Hopefully and just thinking further about what Ian said, I better find out when I got the telling off by the police while I was on holiday in the states. Just a warning about my driving but something I need to list
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Old Aug 17th 2016, 2:38 pm
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Default Re: Pulled over tonight

Originally Posted by ian-mstm
I don't see that any of these things have happened. Take a step back... breathe... relax!

If, at some point in the future you apply to naturalize as a US citizen, you will need to declare that you were detained by an officer, but you won't need any paperwork... it's a reporting requirement only.

Ian
I'm going to have to declare the countless times I've been pulled by the police here on my N-400 when driving?? Though, only one ticket and that was dismissed
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Old Aug 17th 2016, 2:40 pm
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Default Re: Pulled over tonight

Originally Posted by Mangaboy84
Hopefully and just thinking further about what Ian said, I better find out when I got the telling off by the police while I was on holiday in the states. Just a warning about my driving but something I need to list
I don't believe any of that needs detailing. Being 'detained' by the police is a specific term. You are not being 'detained' when you are pulled for a traffic stop. If you are asked to exit the car and join them in their patrol car or arrested, then you are being detained. A simple traffic stop, that doesn't even result in a citation? No way.
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Old Aug 17th 2016, 2:45 pm
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Default Re: Pulled over tonight

Originally Posted by hungryhorace
I don't believe any of that needs detailing. Being 'detained' by the police is a specific term. You are not being 'detained' when you are pulled for a traffic stop. If you are asked to exit the car and join them in their patrol car or arrested, then you are being detained. A simple traffic stop, that doesn't even result in a citation? No way.

Yea i just read the N400 form too, i too thought they only detain you when they ask you to get out of the vehicle to help with their investigation
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Old Aug 17th 2016, 3:10 pm
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Default Re: Pulled over tonight

Originally Posted by Mangaboy84
Yea i just read the N400 form too, i too thought they only detain you when they ask you to get out of the vehicle to help with their investigation
Even then that's not being 'detained'. Being detained is a specific term to a specific situations. A simple traffic stop is not one of them.
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Old Aug 17th 2016, 3:37 pm
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Default Re: Pulled over tonight

Originally Posted by hungryhorace
I'm going to have to declare the countless times I've been pulled by the police here on my N-400 when driving??
Yes.

Ian
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Old Aug 17th 2016, 3:39 pm
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Default Re: Pulled over tonight

Originally Posted by hungryhorace
You are not being 'detained' when you are pulled for a traffic stop.
In fact, you are. If you want proof... just try to leave!


Being detained is a specific term to a specific situations. A simple traffic stop is not one of them.
Again - wrong!

Ian
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Old Aug 17th 2016, 3:41 pm
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Default Re: Pulled over tonight

Originally Posted by Mangaboy84
... i too thought they only detain you when they ask you to get out of the vehicle to help with their investigation
Sorry, wrong.

Ian
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Old Aug 17th 2016, 3:42 pm
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Default Re: Pulled over tonight

Originally Posted by ian-mstm
Yes.

Ian
From the N-400 guidance:

Arrests/Convictions. If you have ever been arrested or detained anywhere in the world, by any law enforcement
officer, for any reason, and no charges were filed, bring:
(1) An original or court-certified arrest report; and
(2) An official, certified statement from the arresting agency or applicable court confirming that no charges were
filed.


There is no guidance for someone who was simply just offered words of advice and no citation filed. I would declare citations / arrests / convictions on an N-400, but being pulled by a cop to speak to me about my driving? Forget it. I couldn't remember them even if I wanted to.

Last edited by hungryhorace; Aug 17th 2016 at 3:49 pm.
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