Best way of filing a deferred disposition speeding ticket?

[photomile 101]

Hey all,

 

On Monday I get to file my N400 for citizenship. Im divorced (woo), and I got one speeding ticket back in 2015. 

I'm a little confused about how best to report this. I was clearly stopped and committed an offense, so section 12 question 22 would be YES but I'm confused about the remaining questions. 

 

Because it was deferred disposition that I successfully complied with, It did not result in a conviction. 23 Is obviously a no since I wasn't arrested, but 24? I suppose I was 'charged' so yes? maybe?

 

25 is no, but 26 - "Have you EVER been placed in an alternative sentencing or a rehabilitative program (for example, diversion, deferred prosecution, withheld adjudication, deferred adjudication)?"

I guess that's a yes? Is deferred disposition the same as deferred adjudication or deferred prosecution?

 

 

[Going through 5,671]

16 hours ago, photomile said:

Because it was deferred disposition that I successfully complied with, It did not result in a conviction.

Under immigration law, a deferred disposition is a finding of guilt and conviction because in the end you still had to pay a fine/fulfill court-ordered obligations as a result of the ticket.

 

16 hours ago, photomile said:

Is deferred disposition the same as deferred adjudication or deferred prosecution?

Yes.

 

If the result of the ticket was only a fine of $500 or less, or just points lost on your licence, then you do not need to submit evidence pertaining to the charge, but you are still required to disclose the citation on your application.

[inqztve 42]

The IO explained to me during the interview that if you received a citation for speeding, and paid the fine WITHOUT going to the court (i.e. prepay) , then you have to answer "YES"to #23 and "NO" to all the other but if you did go to the court, irrespective of how you pleaded, your subsequent answers should be based on how it played out.

 

Please note that, simple speeding tickets are not an issue but you have to depict it accurately.

[photomile 101]

OK both of these answers contradict one another and I'm back to being confused.. I am not clear on how I am supposed to present a speeding ticket on my N400

 

This was a speeding ticket. It came with a fine. I completed deferred disposition and the charge was dismissed. 

 

Have you EVER committed, assisted in committing, or attempted to commit, a crime or offense for which you were NOT arrested?

- Is this a yes? I was not arrested. I committed an 'offense', right?

 

Have you EVER been arrested, cited, or detained by any law enforcement officer (including any immigration official or any official of the U.S. armed forces) for any reason?

- Is this no? I was not arrested. Cited. Detained. Correct?

 

Have you EVER been charged with committing, attempting to commit, or assisting in committing a crime or offense?

- This is yes, correct? I was charged with committing an offense 

 

Have you EVER been convicted of a crime or offense?

- Again, yes? I committed an offense. Speeding

 

Have you EVER been placed in an alternative sentencing or a rehabilitative program (for example, diversion, deferred prosecution, withheld adjudication, deferred adjudication)?

- Again, yes. Deferred prosecution, correct?

 

All of this conflicts with both of those answers posted by others in the thread. Is this not correct?

[Going through 5,671]

4 hours ago, photomile said:

This was a speeding ticket. It came with a fine. I completed deferred disposition and the charge was dismissed. 

 

Have you EVER committed, assisted in committing, or attempted to commit, a crime or offense for which you were NOT arrested?

- Is this a yes? I was not arrested. I committed an 'offense', right?

This question refers to crimes and offenses you committed that you were not arrested for----basically, any crime you committed in the past that you "got away with" (ie. stealing merchandise from a store and they never caught you).  You would answer NO if you never did anything against the law you were not caught for.  Stealing cookies from the cookie jar does not count  

 

4 hours ago, photomile said:

Have you EVER been arrested, cited, or detained by any law enforcement officer (including any immigration official or any official of the U.S. armed forces) for any reason?

- Is this no? I was not arrested. Cited. Detained. Correct?

You would answer YES to this question, because you were cited.  A speeding ticket is a citation.  Whether or not the charge was dismissed is irrelevant for this question.

 

4 hours ago, photomile said:

Have you EVER been charged with committing, attempting to commit, or assisting in committing a crime or offense?

- This is yes, correct? I was charged with committing an offense 

You would answer YES to this question.  

 

4 hours ago, photomile said:

Have you EVER been convicted of a crime or offense?

- Again, yes? I committed an offense. Speeding

You would answer YES to this question if you went to court, and the court ordered you to pay a fine/go to traffic school/etc.

 

4 hours ago, photomile said:

Have you EVER been placed in an alternative sentencing or a rehabilitative program (for example, diversion, deferred prosecution, withheld adjudication, deferred adjudication)?

- Again, yes. Deferred prosecution, correct?

You would answer YES to this question if you went to court, and the court ordered you to pay a fine/go to traffic school/etc.

 

4 hours ago, photomile said:

All of this conflicts with both of those answers posted by others in the thread.

How did it conflict?  Both myself and the other respondent said you have to answer yes.

 

The issue with the speeding ticket is that you must disclose it on the application, however, you do not need to submit EVIDENCE with your application about the speeding ticket if the fine was less than $500.  You do need to disclose it regardless of the fine/final outcome.  

[photomile 101]

OK that made much more sense. Thanks. I guess it's just a bit of fear surrounding the application. 

 

It's now done. All online. All paid for. And now we wait....

[inqztve 42]

Good luck. Hope everything works out for you and quickly.