Arrested for Red Light Camera Violation

[n400time 0]

After subumitting my N400 application, I was arrested for a red light camera violation. I never received this citation (issued to incorrect address), hence never attended the court. As a result, a bench warrant was issued in 2007. I received a speeding ticket a year later, but the patrol officer never told me that I had a bench warrant.

Before submitting my n400, I obtained a cover of my DMV record and no violation was noted, except for the speeding ticket I got a year. I have a court date tomorrow, and I have no problem paying for the ticket but I want the record expunge

I urgently need some suggestions on what should I take from the court tomorrow. Also, will an arrest for a red light camera traffic violation cause a delay in my N400 application?

[rsn 135]

After subumitting my N400 application, I was arrested for a red light camera violation. I never received this citation (issued to incorrect address), hence never attended the court. As a result, a bench warrant was issued in 2007. I received a speeding ticket a year later, but the patrol officer never told me that I had a bench warrant.

Before submitting my n400, I obtained a cover of my DMV record and no violation was noted, except for the speeding ticket I got a year. I have a court date tomorrow, and I have no problem paying for the ticket but I want the record expunge

I urgently need some suggestions on what should I take from the court tomorrow. Also, will an arrest for a red light camera traffic violation cause a delay in my N400 application?

You were arrested for a simple moving violation?

[n400time 0]

You were arrested for a simple moving violation?

Exactly my thoughts.

The fine for the ticket is $85

[rsn 135]

Exactly my thoughts.

The fine for the ticket is $85

I mean, how do you know you were arrested? Did an officer read you your Miranda rights?

[n400time 0]

I mean, how do you know you were arrested? Did an officer read you your Miranda rights?

They read me my MR. Also, I was booked, finger printed and set on bail in about 30 minutes for $170

Edited January 18, 2010 by n400time

[rsn 135]

The read me my MR. Also, I was booked, finger printed and set on bail in about 30 minutes for $170

ouch

[n400time 0]

ouch

Very sad.

I told him if there was a warrant in the past, why did the previous officer never even mentioned it. He claimed it is nothing to worry about.

[Bobby+Umit 161]

You were arrested for a simple moving violation?

No - he was arrested because he didn't show up in court on the original ticket violation (citation).

Bench warrent was issued, he was picked up on it.

Happens all the time.

[lissa04 3]

Your application will most likely be denied. Since an arrest was involved you have to show good moral character for 5 years after an arrest is normally the norm. I would contact an immigration attorney and see what he/she has to say. Good luck

[n400time 0]

Your application will most likely be denied. Since an arrest was involved you have to show good moral character for 5 years after an arrest is normally the norm. I would contact an immigration attorney and see what he/she has to say. Good luck

Immigration lawyer claim it is not a big deal.

[VanessaTony 3,567]

After subumitting my N400 application, I was arrested for a red light camera violation. I never received this citation (issued to incorrect address), hence never attended the court. As a result, a bench warrant was issued in 2007. I received a speeding ticket a year later, but the patrol officer never told me that I had a bench warrant.

Before submitting my n400, I obtained a cover of my DMV record and no violation was noted, except for the speeding ticket I got a year. I have a court date tomorrow, and I have no problem paying for the ticket but I want the record expunge

I urgently need some suggestions on what should I take from the court tomorrow. Also, will an arrest for a red light camera traffic violation cause a delay in my N400 application?

First issue is you state it was sent to the incorrect address. If you moved and didn't change your address this is on you, not them. It is unlikely you will have the record expunged as it was YOUR fault for not ensuring your address was correct and you typically have 30 days from moving to changing your address.

Secondly, someone above stated you were arrested for the bench warrant but they cannot possibly know that. You would have been made aware at the time of WHY you were being arrested. Also, depending on how fast you were going excessive speed can result in arrest due to putting the public at risk for your excessive speed known as "reckless endangerment". This is of course all conjecture and your court case could simply be due to this first matter, and not your speeding this time, in either event it's immaterial to your question which was: "does this affect my N400 application?" as your question regarding what documents you should take to court should be directed to an attorney who knows your case.

To answer your question, please read this link: http://forums.immigration.com/showthread.p...reads-merged%29 and this: http://britishexpats.com/forum/showthread.php?t=632770 which seem to imply the violation isn't an issue but you MUST disclose it.

Edited January 19, 2010 by Vanessa&Tony

[antda 13]

Hi N400time,

This is what the USCIS says about court-related records for the N-400....

Document Checklist for Form N-400, Application for Naturalization

http://www.uscis.gov/portal/site/uscis/men...00048f3d6a1RCRD

If you have ever been arrested or detained by any law enforcement officer for any reason, and no charges were filed, send:

An original official statement by the arresting agency or applicant court confirming that no charges were filed.

If you have ever been arrested or detained by any law enforcement officer for any reason, and charges were filed, send:

An original or court-certified copy of the complete arrest record and disposition for each incident (dismissal order, conviction record or acquittal order).

If you have ever been convicted or placed in an alternative sentencing program or rehabilitative program (such as a drug treatment or community service program), send:

An original or court-certified copy of the sentencing record for each incident; and

Evidence that you completed your sentence:

An original or certified copy of your probation or parole record; or

Evidence that you completed an alternative sentencing program or rehabilitative program.

If you have ever had any arrest or conviction vacated, set aside, sealed, expunged or otherwise removed from your record, send:

An original or court-certified copy of the court order vacating, setting aside, sealing, expunging or otherwise removing the arrest or conviction, or

NOTE: If you have been arrested or convicted of a crime, you may send any countervailing evidence or evidence in your favor concerning the circumstances of your arrest and/or conviction that you would like USCIS to consider.

Hope this helps too. Good luck with the rest of your journey.

Ant

After subumitting my N400 application, I was arrested for a red light camera violation. I never received this citation (issued to incorrect address), hence never attended the court. As a result, a bench warrant was issued in 2007. I received a speeding ticket a year later, but the patrol officer never told me that I had a bench warrant.

Before submitting my n400, I obtained a cover of my DMV record and no violation was noted, except for the speeding ticket I got a year. I have a court date tomorrow, and I have no problem paying for the ticket but I want the record expunge

I urgently need some suggestions on what should I take from the court tomorrow. Also, will an arrest for a red light camera traffic violation cause a delay in my N400 application?

[driver 9]

This also happened to me. I don't know what state you are in, but if it is California, you can have this easily reduced to an infraction. When you go to your arraignment simply ask for a reduction from a misdemeanor (bench warrant for not showing up in traffic court) to an infraction.

They will in 99% of all cases allow this. If they DENY... respond that you want a TRIAL BY JURY. They must allow a trial by jury if it is anything above an infraction. Because it is so costly - the DA will drop the charges once they get the case - a trial by jury is not worth the money unless you rape, murder, drive drunk, etc. This is why this kind of offense can easily be reduced.

The KEY is to ASK for a reduction of the charge of MISDEMEANOR to an INFRACTION at your ARRAIGNMENT. Once this is granted, plea NO-CONTEST. It will be a simple infraction on your record which is the same as any standard driving violation. It won't even be a point on your record.

Whatever you do, do not plead guilty without asking for a reduction. It either must be reduction or trial by jury.

PM me if you have any specific questions.

[driver 9]

Oh... BTW, I've not been *arrested* for my bench warrant, but I've had the state give notice of soon pulling my license and issuing letters to my insurance company. I then went to traffic court, asked for a reduction, plead no-contest, and moved on with life.

[Bobby+Umit 161]

Secondly, someone above stated you were arrested for the bench warrant but they cannot possibly know that. You would have been made aware at the time of WHY you were being arrested. Also, depending on how fast you were going excessive speed can result in arrest due to putting the public at risk for your excessive speed known as "reckless endangerment". This is of course all conjecture and your court case could simply be due to this first matter, and not your speeding this time, in either event it's immaterial to your question which was: "does this affect my N400 application?" as your question regarding what documents you should take to court should be directed to an attorney who knows your case.

From the OP:

After subumitting my N400 application, I was arrested for a red light camera violation. I never received this citation (issued to incorrect address), hence never attended the court. As a result, a bench warrant was issued in 2007

What is a bench warrant?

A bench warrant is a type of arrest warrant which is issued by a judge or court, most typically when someone fails to comply with a court order or requirement. When a bench warrant is issued, law enforcement have the authority to pick up the subject of the warrant and bring him or her to court to address the charges of a bench warrant; the subject is literally brought before the judge's bench to respond to the warrant. Bench warrants are often used as tools for fighting contempt of court, a willful disregard of a court order. Some judges are more prone to issuing bench warrants than others; as a general rule, you should avoid contempt of court anyway, as the penalties can be severe.

So it was a reasonable understanding from what the OP posted.

Edited January 19, 2010 by Bobby+Umit