Smaug

Hello fellow expats!

A long time ago (before 2009), in a state far, far away (NY), I did a couple of bad things (ran a stop light, failed to stop at a stop sign). No injuries, nothing else to declare.

I went to court, and have paid my fines (each would be less than $500) in full.

In NC, I then was speeding in a school zone, and had a PJC (Prayer for Justice Continued), and took defensive driving. Also less than $500 in total I'm sure.


Since the N-400 requires us to list when we were detained, I am obliged to say yes, since I was for the purposes of each traffic stop. I am also going to list these offenses.

I have pulled my certified NC driving log. I have written to NY for a copy of my lifetime record there, but having just called them a moment ago, they say they're about 3 months behind in answering mail.

I intend to file the N-400 in the next week or so. Since I don't have the exact dates, or records in my hand of my NY driving history, should I just note that on the app, and hope for the best?

Could this raise red flags?

Noorah101

Just list the dates to the best of your recollection. No need to note anything further unless they ask at the interview.

Rene

Guindalf

Are these not basic motoring offenses dealt with by the issuance of a ticket at the roadside. Did they not result in a fixed penalty or alternate method of resolution?

I may be wrong, but if that's the case, then none of them are required to be entered on the N-400 application.

I'm sure if I am wrong, thee are some on here that would take great delight in pointing it out, but that's my take.

ian-mstm

Correct.


Yes. You are required to complete the form to the best of your memory. Nothing more.


Unlikely. Further, since each offense resulted in a fine under $500, there's no paperwork required.

Ian

ian-mstm

The question on the N-400 specifically asks, "Have you ever been arrested, cited, or detained by any law enforcement officer..." Being stopped for a traffic violation almost always results in a citation. A ticket is a citation.

Ian

Smaug

I've seen different answers over the years for this, and it was actually I think one of Ian's old posts that convinced me that it was the right thing to do.

Furthermore, the way I see it is that I'd rather be upfront about it and have a clear conscience and be able to sleep at night rather than worrying about them 'finding out' and having it held against me.

If I had asked the officer 'am I being detained?' I'm sure the answer would have been 'yes' otherwise I would have been able to ask if I'm free to go.

Thanks for the re-assurances from this thread

Rete

When hubby naturalized he put it on his N-400 that he had obtained a ticket for going through a red light (he swore it was yellow). Because it had been recent (within 6 months of the interview), they asked to see his license where the infraction was listed and the court paper stating what the fine was.

I have heard it said and read it as well that too many traffic tickets or being stopped and arrested for DWI's have been seen negative when naturalizing. What is considered too many? When you license has been suspended would be the first clue.

That question is asked as a means of showing what your public character is.

Smaug

I've not had any points that I'm aware of, or license suspensions. And the most recent infraction was 6 years ago, so hopefully it'll be okay...

Good to know, though!

hungryhorace

I love how a DWI is slung in with minor traffic offences in the US. Drink driving is a very serious offence to the rest of the civilised world. It's only in America where it's still tolerated and seen as a lesser infraction than it should be. It's a ****ing joke.

ian-mstm

Please don't confuse DUI (Driving Under the Influence) with DWI (Driving Without Insurance).

Ian

Rete

DWI in the US, at least in my part of it, is DRIVNG WHILE INTOXICATED.

ian-mstm

Isn't that odd then, that in my part of the US, it's not.

Ian

Rete

I know the term DUI is driving under the influence and it started being used a few years back so that it would be used to include driving under use of drugs as well as drink.

I never ever heard of DWI standing for driving without insurance. So that is entirely new to me and not what I was referring to at all in my post.


https://www.google.com/?gws_rd=ssl#q=dwi+definition

DWI = driving while intoxicated



driving while intoxicated - Legal Definition. v. The criminal law offense of operating a vehicle after having drunk an amount of alcohol sufficient to raise one's blood alcohol content above a legal limit, commonly referred to by the acronym DWI.

Driving while intoxicated dictionary definition | driving while intoxicated ...
www.yourdictionary.com/driving-while-intoxicated

CarefulTaxpayer

IMHO, honesty is the most important thing. I had two or three tickets before I naturalized, listed them, no issues. When I applied for Global Entry, at the interview, the officer asked me if I had ever been arrested. I asked if traffic stops counted, and he said "yes". I told him about my tickets. He looked at his screen, said "correct, good, thank you" and that was the end of the interview. Global Entry is not naturalization, but, unless the officer was bluffing about seeing my driving record on his screen, he was testing for honesty.

MarylandNed

It differs by state. In Maryland the difference between DWI and DUI can be a bit fuzzy.

DWI = Driving While Impaired. It is the lesser offence. It is always charged when blood alcohol concentration (BAC) is 0.070 to 0.079%. It can be charged at lower levels if there is additional evidence (other than BAC) that you were DWI.

DUI = Driving Under the Influence. It is the more serious offence. It is always charged when BAC is 0.08% or higher. It can also be charged at lower levels if there is additional evidence (other than BAC) that you were DUI.

You can be charged with both DWI and DUI in Maryland but can only be convicted of one.