Arrested for Red Light Camera Violation

[Spoom 8]

I'm surprised nobody's said the obvious here: Get a good criminal lawyer. There are some that specialize in beating traffic offenses like this.

A criminal lawyer could give you far superior advice than most people here; we're generally good at immigration, not criminal law.

That said, driver's suggestion sounds good if you can't do the above.

Edited January 19, 2010 by Spoom

[n400time 0]

I'm surprised nobody's said the obvious here: Get a good criminal lawyer. There are some that specialize in beating traffic offenses like this.

A criminal lawyer could give you far superior advice than most people here; we're generally good at immigration, not criminal law.

That said, driver's suggestion sounds good if you can't do the above.

Thanks guys for help.

Just wanted to give you guys some background info.

I was never stopped for speeding. I was stopped because there were variations in the brightness of my head-lights. The officer took my driver's license, ran it, then came back stating he was giving me a warning for the lights. It was a cold night, so he proceeded to write up the warning in his patrol vehicle. About ten minutes later, he claim that I had a bench warrant issued to me in 2007 for a "Camera" red light violation. I never received that citiation, since it was mailed to the incorrect address. The DMV had the correct address on their system, but because my car at the time still had another state license plate, they used the address from the other state to mail the citation. The funny thing is they claimed they used my current address on drivers license to verify with the image recognition software that they use to issue the citation. However, they chose to mail the ticket to a different state. Hence, I was unable to make a payment or even attended the court.

The speeding ticket I mentioned was to indicate that I was stopped after this warrant was issued, but was never warned or told I had a bench warrant. Hence, I think that this bench warrant was not in the primary database that the patrol officer ran. In addition, after a secondary check was made, the officer was made aware of this pending bench warrant.

Furthermore, as I stated before. I received my DMV transcript before I submitted my N400 application. There was no bench warrant in the transcript. Also, the speeding ticket that I received a year later was not in the transcript, because I did a defensive driving class. I submitted the payment for this speeding ticket, together with proof of completion of the class with my N400 application. Also my N400 application has a copy of my DMV transcript.

I will go and make the payment tomorrow. And will get the Court Certificate of disposition.

I now received a copy from the court with the citation being sent to the incorrect address.

I spoke to about 14 attorney and 7 said it was not a problem to affect my good moral character. The rest wanted to charge me to write some affidavits that I can submit on the day of my interview. One told me that I can write a statement, in addtion to the certificate of disposition and payment, explaining that exact scenario. Another suggested that I write the statement and make an info pass to disclose the arrest to USCIS before the interview. As a result, they would not be able to deny my case on the basis of failure to disclouse.

You guys are extremely resourceful and go way beyond the call of duty to assist. To that I am eternally grateful. Thanks again

Cheers

[n400time 0]

Thanks guys for help.

Just wanted to give you guys some background info.

I was never stopped for speeding. I was stopped because there were variations in the brightness of my head-lights. The officer took my driver's license, ran it, then came back stating he was giving me a warning for the lights. It was a cold night, so he proceeded to write up the warning in his patrol vehicle. About ten minutes later, he claim that I had a bench warrant issued to me in 2007 for a "Camera" red light violation. I never received that citiation, since it was mailed to the incorrect address. The DMV had the correct address on their system, but because my car at the time still had another state license plate, they used the address from the other state to mail the citation. The funny thing is they claimed they used my current address on drivers license to verify with the image recognition software that they use to issue the citation. However, they chose to mail the ticket to a different state. Hence, I was unable to make a payment or even attended the court.

The speeding ticket I mentioned was to indicate that I was stopped after this warrant was issued, but was never warned or told I had a bench warrant. Hence, I think that this bench warrant was not in the primary database that the patrol officer ran. In addition, after a secondary check was made, the officer was made aware of this pending bench warrant.

Furthermore, as I stated before. I received my DMV transcript before I submitted my N400 application. There was no bench warrant in the transcript. Also, the speeding ticket that I received a year later was not in the transcript, because I did a defensive driving class. I submitted the payment for this speeding ticket, together with proof of completion of the class with my N400 application. Also my N400 application has a copy of my DMV transcript.

I will go and make the payment tomorrow. And will get the Court Certificate of disposition.

I now received a copy from the court with the citation being sent to the incorrect address.

I spoke to about 14 attorney and 7 said it was not a problem to affect my good moral character. The rest wanted to charge me to write some affidavits that I can submit on the day of my interview. One told me that I can write a statement, in addtion to the certificate of disposition and payment, explaining that exact scenario. Another suggested that I write the statement and make an info pass to disclose the arrest to USCIS before the interview. As a result, they would not be able to deny my case on the basis of failure to disclouse.

You guys are extremely resourceful and go way beyond the call of duty to assist. To that I am eternally grateful. Thanks again

Cheers

Update from my court:

After going to court two days ago, I received the following Certificate of Disposition today:

Case # xxx - Disposition Date: 12/8/09 Charge: Failure to Appear

Disposition: Found Not Guilty

Case # xxx - Disposition Date: 1/20/10 Charge: Automated Red Light Enforce/Fail to Comp

Disposition: Paid Total Amount in TVB

From your knowledge of the "Found Not Guilty" for "Failure to Appear," what does that signifies towards the magnitude to the arrest in my case?

ie With this disposition, what can I expect from my IO?

Cheers

[evilmonkey 2]

Thanks guys for help.

Just wanted to give you guys some background info.

I was never stopped for speeding. I was stopped because there were variations in the brightness of my head-lights. The officer took my driver's license, ran it, then came back stating he was giving me a warning for the lights. It was a cold night, so he proceeded to write up the warning in his patrol vehicle. About ten minutes later, he claim that I had a bench warrant issued to me in 2007 for a "Camera" red light violation. I never received that citiation, since it was mailed to the incorrect address. The DMV had the correct address on their system, but because my car at the time still had another state license plate, they used the address from the other state to mail the citation. The funny thing is they claimed they used my current address on drivers license to verify with the image recognition software that they use to issue the citation. However, they chose to mail the ticket to a different state. Hence, I was unable to make a payment or even attended the court.

The speeding ticket I mentioned was to indicate that I was stopped after this warrant was issued, but was never warned or told I had a bench warrant. Hence, I think that this bench warrant was not in the primary database that the patrol officer ran. In addition, after a secondary check was made, the officer was made aware of this pending bench warrant.

Furthermore, as I stated before. I received my DMV transcript before I submitted my N400 application. There was no bench warrant in the transcript. Also, the speeding ticket that I received a year later was not in the transcript, because I did a defensive driving class. I submitted the payment for this speeding ticket, together with proof of completion of the class with my N400 application. Also my N400 application has a copy of my DMV transcript.

I will go and make the payment tomorrow. And will get the Court Certificate of disposition.

I now received a copy from the court with the citation being sent to the incorrect address.

I spoke to about 14 attorney and 7 said it was not a problem to affect my good moral character. The rest wanted to charge me to write some affidavits that I can submit on the day of my interview. One told me that I can write a statement, in addtion to the certificate of disposition and payment, explaining that exact scenario. Another suggested that I write the statement and make an info pass to disclose the arrest to USCIS before the interview. As a result, they would not be able to deny my case on the basis of failure to disclouse.

You guys are extremely resourceful and go way beyond the call of duty to assist. To that I am eternally grateful. Thanks again

Cheers

It will not effect your naturalization - Period.

As long as you pay the fine and get a certified disposition of the case from the clerk and take it to your interview, you would be fine.

Moral character crimes are much heinous then not appearing in court for a red light violation.

[Jasman0717 9]

Exactly my thoughts.

The fine for the ticket is $85

Wish it was that low in California, I think they are about a million bucks now, state needs financial help badly

[n400time 0]

My interview is next week and I am making some ammendments to my N400 application form under the Good Moral Character clause.

I need some help on these changes under Part 10, Section D, Question 17, 18 and 21.

17. Have you ever been charged with committing any crime or offense?

Should I say "Yes", even though the verdict for Failure to appear was not guilty

18. Have you ever been convicted of a crime or offense?

No, because I was never found guilty and was never sentenced

21. Have you ever been in jail or prison?

No, because after being arrested , I had enough cash in hand to post bond immediately after being fingerprinted. I spent less that 30 minutes in the police station.

[n400time 0]

The following is my final draft to submit with to my IO about my arrest. You guys can make ammendments as needed.

To whom it may concern,

On 12/06/2009, a week after submitting my N400 application form, I was arrested on a bench warrant for not paying an “Automated Red Light Camera” ticket that I never received. Upon appearing in Court on 12/08/2009, it was determined that the ticket was mailed to an incorrect out of state address. The Court rendered a decision of Not Guilty and the “Failure to Appear” charges were dismissed.

On 01/19/2010, I made a payment in full for $85 to the City of XXXX Municipal Court. This payment is for the Automated Red Light Camera Enforcement charges.

Certified copies of the disposition are attached:

Sincerely,

[Kathryn41 3,205]

Looks good. I doubt you will have any problems because of this.