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N-400 - Traffic ticket but was over 10 MPH which does n't go on the record in Oklahom

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  • N-400 - Traffic ticket but was over 10 MPH which does n't go on the record in Oklahom

    I know there has been numerous posting about mentioning Traffic tickets in the N-400 application. However I could not find a posting which addressed my situation where, I received a Traffic ticket for driving 75 MPH on a 65 MPH highway in Oklahoma. However in the State of Oklahoma if it is 10 MPH or under speeding ticket then it does not go on my driving record.(http://www.mit.edu/~jfc/laws.html) So my question is should I report this or not report at all. Also I just got the ticket and the court date is not until 9/13/05, if I want to fight it. I am planning on filing the N-400 first week of August. Any advise would be as always very much appreciated.

  • #2
    I know there has been numerous posting about mentioning Traffic tickets in the N-400 application. However I could not find a posting which addressed my situation where, I received a Traffic ticket for driving 75 MPH on a 65 MPH highway in Oklahoma. However in the State of Oklahoma if it is 10 MPH or under speeding ticket then it does not go on my driving record.(http://www.mit.edu/~jfc/laws.html) So my question is should I report this or not report at all. Also I just got the ticket and the court date is not until 9/13/05, if I want to fight it. I am planning on filing the N-400 first week of August. Any advise would be as always very much appreciated.

    Comment


    • #3
      Whether the ticket goes on your driving record is moot in this case. The question asks whether you have EVER been arrested, cited, or detained. There is a separate place in the table on the N-400 where you indicate the outcome of the charge or citation (e.g. charges dismissed, no charges filed, fine paid).

      So the answer is YES. You have been arrested, cited, or detained.

      Have you EVER been arrested, cited, or detained by any law enforcement officer (including INS and military officers) for any reason?

      Comment


      • #4
        sphyrapicus3
        Thanks for the response sphyrapicus3. I have NEVER been arrested, cited, or detained by any law enforcement officer (including INS and military officers) for any reason before this incident except got a ticket for parking in a handicap parking in a restaurant parking lot.

        Comment


        • #5
          AJW,

          You may have misunderstood the last post. The last sentence was simply repeating or emphasizing the question from the form.
          The answer to your question on the N400 is to enter 'yes' (you have been arrested) and then, as suggested above, you have an opportunity later in the form to explain the final disposition of the arrest. i.e. charges dropped, paid fine etc.
          The above is simply an opinion. Your mileage may vary. For immigration issues, please consult an immigration attorney.

          Comment


          • #6
            AJW,
            To my understanding, you was given a ticket for overspeeding. You are not arrested nor detained. I see no reason to say "Yes" for that question.

            Comment


            • #7
              When you are stopped by a peace office for suspicion of violation a traffic law in fact you are being detained.

              You cannot just say "bye" to the officer and go because you are detained.

              It all ends when (if) the officer gives you back your license.

              So the answer is YES.

              Did.

              Comment


              • #8
                AJW,
                Around two years ago I end up in battery tunnel in Manhattan where each car must have three passengers at least. I was given ticket by police office since there was lots of confusion going around lower Manhattan and construction after 911. After that I filed for citizenship but never mention this incident in the form. There was no question asked regarding this incident at the time of interview or in background check. Just sharing something from my experience that's all.

                Comment


                • #9
                  marvin, I see you're a gambling man
                  AJW, you were cited for a traffic violation. The answer should be yes. What's the big deal?
                  The above is simply an opinion. Your mileage may vary. For immigration issues, please consult an immigration attorney.

                  Comment

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