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-   -   Driving Ticket (https://britishexpats.com/forum/usa-57/driving-ticket-124354/)

shaggy Jan 2nd 2003 1:29 am

Driving Ticket
 
I know I've asked this question before, but I never quite got a straight answer on it. About a year or more ago, I was pulled over for not wearing my seatbelt and given a warning. I was NOT fined and not taken to court. I just had a very friendly cop who gave me a pink warning slip and told me not to do it again. Apart from that, I have a perfectly clean driving record---not even a parking or speeding ticket to my name. Does this incident count as a citation, even though there was no fine involved and I didn't sign anything?

Before I filed my N-400, I phoned the INS to ask whether I needed to put this on my application. The lady I spoke to said that a warning of that nature wasn't important, and that I should tick No to the question "Have you ever been cited, arrested or detained for any reason?"

But the more I think about it, and the more I read about how the INS is treating traffic violations, I'm thinking that this was probably a mistake. Should I just get a copy of my driving record and take it to the interview? It is obvious that honesty is the best policy with the INS, and I would feel better if I could just make the correction at the interview and explain to the interviewer why I originally ticked No to that question.

Is this the kind of thing that INS could give me a problem about, or am I just being paranoid?

Any advice would be greatly appreciated.

Pulaski Jan 2nd 2003 1:50 am

I applied for my visa almost two years ago, and I was under the impression that motoring "ticket" offences (the penalty handed out by the cop, not a court) were not relevant as they aren't convictions and don't appear on on your criminal record.

On the other hand, DUI, leaving the scene of an accident, etc are more serious and a conviction does show up on your criminal record and must be disclosed.

I really can't see that being stopped by a cop and cautioned for not wearing your seatbelt has any bearing on your immigration status. Disclose it if you wish, but I really can't believe that the INS cares about such a minor matter.

shaggy Jan 2nd 2003 2:03 am

The latest version of the N-400 omits the phrase "Excluding traffic violations" for this question. In my case, I received a written warning, but was told that next time I would be fined.



Originally posted by Pulaski
I applied for my visa almost two years ago, and I was under the impression that motoring "ticket" offences (the penalty handed out by the cop, not a court) were not relevant as they aren't convictions and don't appear on on your criminal record.

On the other hand, DUI, leaving the scene of an accident, etc are more serious and a conviction does show up on your criminal record and must be disclosed.

I really can't see that being stopped by a cop and cautioned for not wearing your seatbelt has any bearing on your immigration status. Disclose it if you wish, but I really can't believe that the INS cares about such a minor matter.

TonyC Jan 2nd 2003 3:33 am

How about - getting a ticket for a minor moving offence, then attending a 'driving class' which meant a conviction was not placed on my driving record. No court was involved.

What would the status of that little puppy be? (not that it's an issue at the moment)

syedraza70 Jan 2nd 2003 7:42 am

i think driving tickets, warnings does not affect your INS case


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