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  #1 (permalink)  
Old 11-29-2012, 03:46 PM
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Post Traffic Citation in Virginia

I recently received a traffic citation in VA for driving 33 miles above the given speed limit. The lawyers said that chances of conviction are very high with such an offense and this will be recorded as a criminal charge. I would like to know what consequences will I have to face as far as the immigration point of view is concerned.
Kindly help.
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  #2 (permalink)  
Old 11-30-2012, 07:45 AM
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deepak2010 is a jewel in the rough deepak2010 is a jewel in the rough deepak2010 is a jewel in the rough
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Wow..never knew this...Can this be that serious?
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  #3 (permalink)  
Old 11-30-2012, 11:49 AM
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Originally Posted by Kunal0201 View Post
I recently received a traffic citation in VA for driving 33 miles above the given speed limit. The lawyers said that chances of conviction are very high with such an offense and this will be recorded as a criminal charge. I would like to know what consequences will I have to face as far as the immigration point of view is concerned.
Kindly help.
what was the posted speed limit? any DUI? any school zone?

if it was : your were
25 : 58
30 : 63
35 : 68
40 : 73
45 : 78
50 : 83
55 : 88
60 : 93
65 : 98
70 : 103

It appears that more than just speeding.
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  #4 (permalink)  
Old 11-30-2012, 12:28 PM
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I was driving 103 on a 70. There was no DUI. No School Zone. The was barely any traffic. I know this is not just a regular speeding and its Reckless Driving and so I am worried to know its impact on my Immigration status. I am hiring a lawyer. My court date is 20th Dec.
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  #5 (permalink)  
Old 12-01-2012, 06:49 PM
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You have definitely driven recklessly irrespective of whether there was a school or DUI... You are lucky that you didnt get arrested on the spot for going at 103 mph

Coming to the point - VA is famous to cite reckless tickets... I drove 8o in a 40 zone may be 5 miles ahead of Chesapeake bay bridge tunnel in 2007 and was given a reckless ticket..

I got a lot of letters in my mailbox from attorneys stating the maximum punishment can be given for this - this includes prison term up to 1.5 years in VA...

I just went and plead guilty and told the judge that I will responsible henceforth blah blah and pleaded him to give me a chance as i am a alien (indian I mean).... I got a fine of 800$.. + some DMV points.. This is in 2007.... You might get a fine of > 1000 dollars I guess....

Since You went in 103 i am not sure if you need a attorney. Anyways your attorney wont do anything here to break your case... He will just try to strike a deal here so that you walk away with a fine alone and not prison term.... But ultimately you will end up paying more - Fine + Attorney Fees.

Coming to impact on your immigration because of this - NIL... Nothing to worry as you can see that I am still here in the US safe and sound and marching toward Green Card and Everything.... Just allocate may be 1000 - 2000 for this... I know its easy to say that.. But its better if u just get that...
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  #6 (permalink)  
Old 12-01-2012, 09:08 PM
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@Juniorbansal, Even I got a lot of letters from attorneys near to that county. I contacted a few of them and all said chances of conviction (including jail time) are high. The max they can try is to keep me out of jail. I am considering to hire an attorney.

I wanted to ask you, If convicted, can this citation put a criminal record against my name? As it says reckless driving (class#1 Misdemeanor) in the ticket. If it does, then I will have a difficult time when I go thru a background check for a job or H1B filing or something like that. I am still on my F1 - OPT.

Also, I have already taken the Driver Improvement Program (adds 5 safe driving points) and Reckless/Aggressive Driving Program. Both are certificate programs. Hopefully that helps..!!
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  #7 (permalink)  
Old 12-02-2012, 04:30 AM
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I don't think it jeopardized my criminal record as I just paid the fine....

But..But....being on H1B contractor (You will be one when you start working), every time when i switched jobs this definitely and ALWAYS comes up ..and they (client, recruiter) just brush it aside saying that "Everybody drives a little bit faster than the speed limit.. Its your bad time that you were caught" .... I have never been turned down a job because of this... Make sure you put this in the BGC application.. Don't hide it...You may be turned down for hiding it rather than the original offense.

The point reduction would help you... Actually in VA DMV site you can check your current points..

You are doing the right thing hiring the attorney.. Let this thing go with fine alone!!!.
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  #8 (permalink)  
Old 12-02-2012, 06:11 AM
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Originally Posted by Kunal0201 View Post
@Juniorbansal, Even I got a lot of letters from attorneys near to that county. I contacted a few of them and all said chances of conviction (including jail time) are high. The max they can try is to keep me out of jail. I am considering to hire an attorney.

I wanted to ask you, If convicted, can this citation put a criminal record against my name? As it says reckless driving (class#1 Misdemeanor) in the ticket. If it does, then I will have a difficult time when I go thru a background check for a job or H1B filing or something like that. I am still on my F1 - OPT.

Also, I have already taken the Driver Improvement Program (adds 5 safe driving points) and Reckless/Aggressive Driving Program. Both are certificate programs. Hopefully that helps..!!
You are handling this in a correct way. Hired a lawyer, taken driver improvement program and reckless driving courses.

Besides this, here is what I did sometime back -
Do not pay the ticket until the lawyer tells you. Paying the ticket means acceptance of your guilt meaning you have record of class#1 Misdemeanor offense on your record, lus the points with DMV driving record which will for sure add points increasing driving insurance.

What is the sub section under which you got this ticket? Look at the left middle section of the the yellow color sheet. Did you get ticket for sub-section 46.2-875? This subsection is important and many different sub-sections could apply. This depends on the officer who has leeway in the matter at the time of giving a ticket. Which is why its always important to be polite, cooperative and respectful to the officer when you are stopped.

If this is your first traffic offense in VA, that will work in your benefit. Even if this is not the first offense, did you have zero points on your DMV record? How long have you lived in VA? All these questions matter. If your record is clean, tell this to your lawyer to make an argument that you are a responsible driver and never gotten any ticket in VA. And you will be even more cautious from now on and have already taken the driver improvement and reckless driving courses. Take your certificates of these two courses with you. And ask your lawyer to request the prosecutor to reduce the charge down from misdemeanor.

The next thing you have to worry about if points. Courses will take out 5 points off your ticket, but most likely 33 over the limit is a 6 point ticket. You still have 1 point left. With clean record and promise to be more cautious and already undertaking 2 driving courses, ask your lawyer to request the prosecutor to remove this 1 point by reducing the charge to a lower offense.

One more thing, this is most likely very important for you. But I will asking seeking your lawyer if you are needed on the 20th Dec hearing. Chances are that you being present in the court may not help. So even though this is important for you, if your lawyer is saying you need not be there, listen to your lawyer and do what he/she is telling you.

Hope it works out for you.
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  #9 (permalink)  
Old 12-03-2012, 08:30 AM
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Quote:
Originally Posted by Kunal0201 View Post
I recently received a traffic citation in VA for driving 33 miles above the given speed limit. The lawyers said that chances of conviction are very high with such an offense and this will be recorded as a criminal charge. I would like to know what consequences will I have to face as far as the immigration point of view is concerned.
Kindly help.
Hey Kunal,
A friend of mine was went through similar situation in Wyoming in 2007. He was driving @107 mph in 70 mph. According to the DMV rules, the driver could be arrested if he/she is driving at 3 digit speed (above 100 mph). He was arrested and incarcerated for 1 day (exactly 24 hrs). The judge gave him big fine and he was let go.

As for your question, it will not impact your GC process in any way (it didn't impact friend's). You can be peaceful. I am not sure if you would need a lawyer. I will agree with Bansal that you shld be prepared for $1000 dollar fine.

All the best.

Naveen
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  #10 (permalink)  
Old 12-03-2012, 10:11 AM
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chtummala is infamous around these parts chtummala is infamous around these parts chtummala is infamous around these parts chtummala is infamous around these parts chtummala is infamous around these parts
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is u r DL given By VA ..
you could escape from points depends on the state you revived DL from ..
check your county court how it operate .. some courts are liberal ..might take off your criminal offence but you need to pay fine ..
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  #11 (permalink)  
Old 12-03-2012, 10:13 AM
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chtummala is infamous around these parts chtummala is infamous around these parts chtummala is infamous around these parts chtummala is infamous around these parts chtummala is infamous around these parts
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impact on your GC is more documentation .. you need to explain them about your criminal record ..
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  #12 (permalink)  
Old 02-07-2013, 04:39 PM
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Hello all,

Firstly, a BIG THANK YOU to all of you who helped me by replying to my questions. I am extremely sorry for not being able to reply to the last few posts. I had to move to North Carolina for a new JOB. I am replying today as I had my court date today and finally got the judgement. I had hired an attorney, along with those certificate courses, I managed to get a community service letter for 30 hours.

The judge wanted to give me jail time but my lawyer talked him thru and gave him a brief overview of my situation that I am new to USA (less than 3 yrs), on student visa, just started working, this being my 1st violation in VA and bla bla bla. Finally, the judge gave me a 400$ fine and 90 day suspension of driving privileges in state of VA (which is OK as I am no longer in VA)

The only sad part is that this will stay on my record for 11 years and I hope this does not create any more problems to me in future for H1B or a new JOB.

Once again Thank you all. I really appreciate the help/guidance.

-Kunal
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