N400 Online Application - Speeding Ticket

[leonidas_alexan 45]

Hello Everyone,

 

I kindly request your help on the following:

 

I am applying for my US citizenship online and in the "crimes & offenses" section I am confused about how to answer to the following questions.

 

In 2016 I had a speeding ticket for driving above 15 mph in a 55 MPH speed zone. The cop issued me a ticket and I paid the fine online before the due date. Never been asked to come to a court. 

 

I retrieved my driving record from VA DMV and it has the date on which I got the speeding ticket and used the word "convicted".

 

Now how do I answer the following the 4 questions: (I've written my prospective answers to each of the questions)

 

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

I answered NO to the above.

 

 

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?

I answered YES to the above.

 

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

I answered YES to the above.

 

 

Have you EVER been convicted of a crime or offense?

 

I answered NO to the above.

 

 

 

Can you please kindly let me know if my answers seem correct?

 

 

 

[xyz12345 260]

2 hours ago, leonidas_alexan said:

Hello Everyone,

 

I kindly request your help on the following:

 

I am applying for my US citizenship online and in the "crimes & offenses" section I am confused about how to answer to the following questions.

 

In 2016 I had a speeding ticket for driving above 15 mph in a 55 MPH speed zone. The cop issued me a ticket and I paid the fine online before the due date. Never been asked to come to a court. 

 

I retrieved my driving record from VA DMV and it has the date on which I got the speeding ticket and used the word "convicted".

 

Now how do I answer the following the 4 questions: (I've written my prospective answers to each of the questions)

 

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

I answered NO to the above. NO

 

 

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?

I answered YES to the above. YES

 

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

I answered YES to the above. NO

 

 

Have you EVER been convicted of a crime or offense?

 

I answered NO to the above. NO

 

 

 

Can you please kindly let me know if my answers seem correct?

 

 

 

In the table in # 29, I wrote the following:

First Column: Started with 'I was cited for...'

Last Column: Started with, for example: "CONV-4.0 PTS. I paid the fine (less than $500)." or "ADJ WITHHELD CLERK COURT. I elected to attend traffic school to remove the points; paid fine (less than $500)."

[Undecided 78]

I’m by no means an expert on this so hopefully someone else will weigh in, but, I would think the answer to that last question should be yes. Because you have been convicted of an offense according to your drivers record.

[Zaidba 39]

Answer "Yes" ONLY to the second question where it is asking you if you have ever been "cited". Answer "No" to the rest. If your fine is $500 or more, you have to attach the citation and payment receipt. If the fine is less than $500, you do not have to attach any documents, but explain what the citation is and how much was the fine and write that you have paid it. You are advised to have the documents with you when you go to your interview.

Edited August 17, 2020 by Zaidba

[xyz12345 260]

1 hour ago, Undecided said:

I’m by no means an expert on this so hopefully someone else will weigh in, but, I would think the answer to that last question should be yes. Because you have been convicted of an offense according to your drivers record.

I'm not an expert but when I was asking these things a while back, someone said last question refers to jailable offenses like DUI. For speeding tickets that didn't lead to license suspension, they're more considered civil... But since the wording in my driving record is COV - I wrote that for the last column in N-400 #29. The person can even ask the IO if he answered correctly.

 

 

 

The closest to this is from:

https://www.nolo.com/legal-encyclopedia/traffic-violations-differ-crimes.html

 

Quote

Generally, minor traffic offenses (like speeding and running a stop sign or red light) are treated differently than more serious violations of the law. The penalties for minor traffic violations are less severe and the court procedures less formal. And in most states, traffic court—where cases involving minor driving violations typically go—is different from criminal court.

Featured Traffic Violations Law Firms In Houston, TX Change Location

 

 

For example, a drunk-driving conviction often leads to jail time and license suspension. And anyone accused of driving under the influence (DUI)—as with most other crimes—has a right to a jury trial. With most traffic violations, on the other hand, a fine is the worst that can happen: jail isn’t usually among the possible penalties, and license suspension is typically on the table only if the driver has multiple recent traffic convictions. Also, motorists accused of breaking a traffic law usually don’t have the right to have a jury decide their case. In most states, if you contest a citation, a bench trial (where a judge determines guilt or innocence) is the only option.

And although the government has the burden of proof in criminal and traffic cases—meaning the state must prove guilt to get a conviction—the standards of proof sometimes differ. In criminal cases—regardless of the state—the prosecution must prove all the elements of the offense beyond a reasonable doubt. But in some states, minor traffic violations aren’t considered “crimes”—they’re “civil” offenses. So, in these states, the government might be held to a lesser standard of proof for traffic cases. For example, in New York, the standard of proof for traffic violations is “clear and convincing evidence.” And in Oregon, the state needs to prove traffic offenses only by a “preponderance of the evidence.”

 

[Undecided 78]

Well maybe, but that’s not what the question actually says. It asks about convictions. Personally, although I’m not in that position I’d rather say Yes and be told it wasn’t important at interview rather than No and have to explain the omission if it was an issue.
 

I do think bearing in mind they will have your record that it’s probably better to be over cautious than give the impression, even if erroneous, that you are trying to hide something.

Edited August 17, 2020 by Undecided

[leonidas_alexan 45]

Thank you everyone for responding to my questions.

 

If there are any more insights I do welcome them. Thank you.

[Fr8dog 423]

I received a speeding ticket after I filed the N400. Different yet somewhat the same.

When you sign the document you state that all information is correct and true to the best of your knowledge, so there is room for mistakes. During your interview they will go over the entire form again with you and will make changes where needed. As long as you provide the info before they do, you are fine.

So when the conviction question came up, I told her I received a ticket after filing the N400 and had paid it online, she wanted to know how much over I went and that was it. Another question I had misunderstood was the weapons training question. I answered "NO" as I assumed it was military but should have said "yes" as I have a Virginia concealed permit and that was considered training. I did not immediately understood that was what she was getting at, but the way she kept going over that question made me realize she was looking for more info and most likely was looking for that. I told her about the permit, got a nod and we moved on.

Basically they already have all your stuff and just want you to confirm.

 

You have a decent change of getting the same lady if you go through Norfolk. I think she does all the citizenship interviews. She's very nice and really helpful.

[JohnSmith1234 6]

I made quite a research for myself on this topic. My opinion is that traffic ticket is a traffic offense. Hence, you committed and you were cited. However, I can't say you were charged and convicted since this is the court who does it.