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-   -   Anybody ever contested a speeding ticket? (https://britishexpats.com/forum/usa-57/anybody-ever-contested-speeding-ticket-816906/)

hungryhorace Dec 4th 2013 4:42 pm

Re: Anybody ever contested a speeding ticket?
 

Originally Posted by MarylandNed (Post 11020720)
By the way, I was also on H1B. Contesting in court did not affect my ability to obtain a green card and finally citizenship. Standard moving violations such as speeding are not problematic as long as (a) you don't have an excessive number and (b) you are completely honest about disclosing them.

Yet you're not even asked to disclose speeding tickets as part of the I-485.

lansbury Dec 4th 2013 5:35 pm

Re: Anybody ever contested a speeding ticket?
 

Originally Posted by hungryhorace (Post 11020802)
As a result, if there are other cars on the road, then the device is near next to useless as the radar signal is going to be bounce all over the other cars.

Our police department has a photo radar equipped speed detection van which can cover all four lanes (2 lanes each way) simultaneously of our two major highways. Radar equipment has moved on since that ACPO report was written in 2004.

hungryhorace Dec 4th 2013 5:41 pm

Re: Anybody ever contested a speeding ticket?
 

Originally Posted by lansbury (Post 11020868)
Our police department has a photo radar equipped speed detection van which can cover all four lanes (2 lanes each way) simultaneously of our two major highways. Radar equipment has moved on since that ACPO report was written in 2004.

Can it _really_ though?

lansbury Dec 4th 2013 6:02 pm

Re: Anybody ever contested a speeding ticket?
 

Originally Posted by hungryhorace (Post 11020875)
Can it _really_ though?

Yes it can and does most days of the week.

hungryhorace Dec 4th 2013 6:24 pm

Re: Anybody ever contested a speeding ticket?
 

Originally Posted by lansbury (Post 11020898)
Yes it can and does most days of the week.

I wonder why the UK hasn't certified this device? What's it model and type number? Either way, what is acceptable here for speed enforcement wouldn't even get to court in England & Wales.

Rete Dec 4th 2013 8:02 pm

Re: Anybody ever contested a speeding ticket?
 

Originally Posted by hungryhorace (Post 11020809)
Yet you're not even asked to disclose speeding tickets as part of the I-485.

Believe it is that you are asked about being "cited" by any enforcement agency.

hungryhorace Dec 4th 2013 8:10 pm

Re: Anybody ever contested a speeding ticket?
 

Originally Posted by Rete (Post 11021043)
Believe it is that you are asked about being "cited" by any enforcement agency.

Nope. Read the guidance notes.

jeffreyhy Dec 4th 2013 8:37 pm

Re: Anybody ever contested a speeding ticket?
 
On the I-485, traffic violations are specifically excluded.

Regards, JEff

Originally Posted by Rete (Post 11021043)
Believe it is that you are asked about being "cited" by any enforcement agency.


hungryhorace Dec 4th 2013 8:45 pm

Re: Anybody ever contested a speeding ticket?
 

Originally Posted by jeffreyhy (Post 11021122)
On the I-485, traffic violations are specifically excluded.

Regards, JEff

+1. Exactly.

Beaverstate Dec 5th 2013 3:20 am

Re: Anybody ever contested a speeding ticket?
 
I did in writing once. I sent in my check for the fine and received half back a few weeks later, small victory.

RoadWarriorFromLP Dec 5th 2013 3:31 am

Re: Anybody ever contested a speeding ticket?
 
In traffic court, regardless of what the Constitution says, you're effectively guilty unless proven innocent. (And you probably won't be.)

Approaches to fighting ticket vary by state. In some states, tickets are civil matters; in others, they are criminal. In some states, you will have to deal with a prosecutor and you should probably have a lawyer; in others, you probably won't be represented by an attorney.


Originally Posted by Zep1988 (Post 11020513)
I've just been pulled over in Ohio for 'Doing 80' in a 65 zone - it is possible but I genuinely don't think I was going that fast, it was rush hour and there was so much traffic I don't think it's possible.

If that's the substance of your argument, then you'll probably lose.

It's very difficult to win a case on facts, particularly if you don't have a lawyer. If you go to court, then your best hope is that the cop doesn't appear, or that you have legal grounds for getting the ticket dismissed. If you have a traffic school option, then it is worth considering.

Michael Dec 5th 2013 4:21 am

Re: Anybody ever contested a speeding ticket?
 

Originally Posted by Poppy girl (Post 11020694)
In CA if the cop that gave you the ticket and this maybe by county as well, but if the cop does not show up for the hearing then the ticket is dropped....been down that road ;)

There is one problem with that. First you have to take off a morning or afternoon to show up in traffic court to request a hearing with a judge. Then you'll be notified of the court date and when you show up, the officer who wrote the ticket will likely not be there but the DA can request a postponement and a new hearing date would be set. In California the DA has 60 days to bring to trial or the charges are dropped. Some localities request 2 or 3 hearing dates to try to dissuade people from requesting a hearing (you could call it harassment).

So if he can take off 2-4 days, it is likely that the charges will be dropped.

However in my opinion, it is easier to spend 4 hours in traffic school to clear your record. In California, normally you don't have to attend traffic court to request traffic school but just go to the traffic court window at the courthouse.

Poppy girl Dec 5th 2013 4:21 pm

Re: Anybody ever contested a speeding ticket?
 

Originally Posted by Michael (Post 11021472)
There is one problem with that. First you have to take off a morning or afternoon to show up in traffic court to request a hearing with a judge. Then you'll be notified of the court date and when you show up, the officer who wrote the ticket will likely not be there but the DA can request a postponement and a new hearing date would be set. In California the DA has 60 days to bring to trial or the charges are dropped. Some localities request 2 or 3 hearing dates to try to dissuade people from requesting a hearing (you could call it harassment).

So if he can take off 2-4 days, it is likely that the charges will be dropped.

However in my opinion, it is easier to spend 4 hours in traffic school to clear your record. In California, normally you don't have to attend traffic court to request traffic school but just go to the traffic court window at the courthouse.


You can request a hearing by mail ;)

MarylandNed Dec 5th 2013 10:31 pm

Re: Anybody ever contested a speeding ticket?
 

Originally Posted by hungryhorace (Post 11020809)

Originally Posted by MarylandNed (Post 11020720)
By the way, I was also on H1B. Contesting in court did not affect my ability to obtain a green card and finally citizenship. Standard moving violations such as speeding are not problematic as long as (a) you don't have an excessive number and (b) you are completely honest about disclosing them. Contesting in court is not going to affect you in matters of immigration.

Yet you're not even asked to disclose speeding tickets as part of the I-485.

I know but the question wasn't about GETTING a speeding ticket - it was about CONTESTING one in a courtroom setting. You're right in that speeding tickets don't affect a permanent residence application. However, they do have to be disclosed on a citizenship application.

hungryhorace Dec 5th 2013 10:57 pm

Re: Anybody ever contested a speeding ticket?
 

Originally Posted by MarylandNed (Post 11023037)
I know but the question wasn't about GETTING a speeding ticket - it was about CONTESTING one in a courtroom setting. You're right in that speeding tickets don't affect a permanent residence application. However, they do have to be disclosed on a citizenship application.

They do? What form asks this? The N-400?


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