UK citizen, class 3 misdemeanour for speeding will it affect re-entering US?

[mattyb]

Hi, I'm not sure if this is the correct forum to be posting this on so please advise me if I need to move it to a different one.

I am a UK citizen and whilst on holiday in Arizona recently I was stopped for speeding. I was in a 65mph zone and the officer informed me that I was doing approx 100mph, although I have not seen proof of this. I was given a criminal citation and told I had a month to sort this out.

I tried calling the court on several occasions whilst still in the US but was told the citation had not yet been filed. On my return to the UK I tried again, the citation had been filed and I was told that if I pleaded guilty I would receive a $300 fine and a Class 3 misdemeanour which would remain on my record forever.

My concern is that I travel frequently to the US on business - usually at least twice a month - and I have a C1/D American visa. I understand that having a Class 3 misdemeanour on your record does not preclude you from applying or reapplying for a visa, but I am concerned that I may have trouble getting through immigration or be taken to one side for special handling each time I visit.

As a UK citizen I am not fully familiar with your legal system and would appreciate advice on whether it would be worth me contacting a local attorney and attempting to arrange some sort of plea bargain, with regards to a probation period of some description as opposed to receiving a criminal record. I don't have a criminal record in the UK and for the last nine years that I have been travelling to the US I have not had any dealings with the police authorities.

Any advice would be appreciated as I do not have much time left to get back in touch with the courts.

Many thanks

 

[Robbie]

You may have problems renting a car in the US again if convicted.

Retaining an attorney will provide the best chance to minimize the damage. I'm not familiar with AZ but a 100 MPH charge difficult to mitigate given the speed.

 

[mattyb]

Robbie, thanks for taking the time to reply.

When the officer asked me how fast I think I was going, I said "75 or 80" - he said "not even close" but didn't show me any evidence (I was too stunned to ask to see any).

I have a clean drivers licence in the UK (been driving 15 years), in 8 years of visiting the US I have never had any dealings with the police, I don't have a criminal record in the UK - this was a serious lapse of judgement caused by a few factors. Mostly that I was tired after my flight from the UK, I was worried about the Lodging reception closing before I got there (flight was delayed), I was driving on the opposite side of the road from what I'm used to and driving an automatic (I drive a stick shift in the UK).

The fine isn't the issue here, it's the class 3 missdemeanor on my record and also the embarassment of being carted off to the immigration office, in front of my work colleagues, everytime I enter the US. This sort of punishment will happen for possibly the next 30 odd years I am working.

This has really been getting to me. Any further advice would be appreciated, today I intend to call the County Clerk and ask her for Attorney recommendations.

Many thanks

 

[mafioso]

Don't panic……..you probably would have posted in the immigration section. Well, that is okay. All what you need to do now is to contact a traffic lawyer online and scan and send him the tickets. Just Google traffic lawyer in the county in which it happened. There the many ways to handle it without it infraction affecting your immigration situation…………It would affect you only if you don't solve it within the time limits or get an extension. I can't go through the list here but a lawyer would help to take care of it. He would have the best info on the styles of resolution in that county and the best path. In some cases going infront of a judge contesting the charge and getting the charge dismissed………..You contest the cops assertions as you did above…..your lawyer would guide you. Or the charged can be greatly reduced in a plea……..in 80% of cases, the cops fail to show up for the court date leading to the dismissal of cases in many counties. So don't panic and talk to a lawyer. Even if you were found guilty, it is considered a traffic infraction which would not affect you immigration statues in anyway given there were no aggravating circumstances like DUI or accident. You are fine; the max sentence is 30 days in jail and is only imposed on people with a long history of traffic violations. You would not be arrested unless you don't comply in time and have a warrant put out.

 

[Robbie]

I have a clean drivers licence in the UK (been driving 15 years), in 8 years of visiting the US I have never had any dealings with the police, I don't have a criminal record in the UK - this was a serious lapse of judgement caused by a few factors.

The fine isn't the issue here, it's the class 3 missdemeanor on my record and also the embarassment of being carted off to the immigration office, in front of my work colleagues, everytime I enter the US. This sort of punishment will happen for possibly the next 30 odd years I am working.

This has really been getting to me. Any further advice would be appreciated, today I intend to call the County Clerk and ask her for Attorney recommendations.

Many thanks

No worries Mattyb, a lawyer can help.

Supplying a certified copy of your UK driving record might be useful so you might want to get that in progress.

Do not use any of the rationalization in your post, especially the part about driving 100 mph while being tired after an international flight, driving on the wrong side of the road in a car with an automatic transmission :angel

I work in the US for a European company and these situations do happen and are worked out. You do not want it to lapse, Homeland Security is getting more medieval by the month for any red flags that pop out of their computers (they will take your time asking questions) and the car rental companies are checking driving records more often.

Mafioso's advise is really good (other than the part about LEO's not showing up 80% of the time, don't count on this...)

I'm curious what would have happened to you in the UK?

Good luck and stop back to let us know how it turns out.

 

[mattyb]

Mafioso and Robbie

Thanks a million for your replies - great to get things off my chest and get some replies, being a total wimp and goody two shoes this has really stressed me out.

In the UK, if you're caught doing in excess of 100mph you would normally have to appear in front of a judge who would probably ban you for a couple of months. You can appeal the ban if you can prove that your livelihood depends on having your own transport. Or you can do a plea and agree to 99mph and get points on your licence.

Many thanks

Matt

 

[Robbie]

Hopefully a lawyer can get this adjusted to just a fine for you.

The consequences in the US sound about the same as in the UK though it varies from state to state.