Results 1 to 4 of 4

Hybrid View

  1. #1
    Join Date
    Sep 2010
    Posts
    4

    Default Speeding Misdemeanor on Federal Property

    My question involves a speeding ticket from the State of: Montana.
    A Yellowstone Park police issued me a speeding ticket: 75 mph on 55 mph two-lane road at night, 36 CFR4.21C. The violation will be recorded by the Central Violation Bureau, because the Park is the federal property. The police explained that the information will be stored at the federal level. The ticket is a federal misdemeanor. I asked the police if he can write the ticket as infraction (apparently he did not). My questions are
    - misdemeanor is more serious than infraction. What would be the consequences of such misdemeanor at the federal level? I am a greencard holder and heard that a federal misdemeanor can cause a denial of entry at airports.
    - my driving record is spotless. Would it be possible to ask the judge to issue a less serious ticket such as infraction or parking violation (in consideration of my clean record; and of any negative impact on greencard status)?
    - when the police asked me 'how fast were you going?'. I unknowingly said '65-75'. I suspect if he did not clock my speed. Can I ask for 'discovery request' at court hearing?
    - I don't think I can fight a ticket. But I hope to reduce the severity of the violation by going to the court. In a situation like this, should I hire a laywer; what help could a lawyer provide?

    Thank you in advance for your expert advice!

    PS. The police told me that the violation will not be reported to the state DMV and the insurance. He suggested I just pay fine. But reading the ticket in detail, I don't think he was telling the truth.

  2. #2
    Join Date
    Sep 2005
    Location
    Behind a Desk
    Posts
    98,846

    Default Re: Speeding Misdemeanor on Federal Property

    A misdemeanor is a type of crime. You would want to avoid a criminal conviction. However this is not the type of offense that's likely to cause immigration problems.

    The time to seek discovery is before court, not at your hearing. If you confessed to speeding within the range at which the officer clocked you, I'm not sure what you believe you'll discover relevant to your defense.

    Given that this is charged as a misdemeanor in federal court, and that you're a Green Card holder, I suggest enlisting the help of a lawyer in trying to get the charge reduced or conditionally dismissed.

  3. #3
    Join Date
    Sep 2010
    Posts
    4

    Default Re: Speeding Misdemeanor on Federal Property

    Mr. Knowitall - thanks very much. I will take action to reduce the charge, as you suggested. The first thing is to ask the Central Violation Bureau if they offer a driving school and prevent the charge from being recorded.

    As another question, suppose that I/lawyer fail to reduce the charge. I recall that many forms (immigration documents, job application etc) have a question 'have you been convicted?'. Should my answer be 'yes' or 'no'? I guess the answer would be 'yes', noting that the ticket states 'by paying the fine, a criminal offense and a conviction may appear in a public record'.

    Thanks

  4. #4
    Join Date
    Feb 2010
    Location
    CT & IL
    Posts
    5,273

    Default Re: Speeding Misdemeanor on Federal Property

    Quote Quoting normbot
    View Post
    Mr. Knowitall - thanks very much. I will take action to reduce the charge, as you suggested. The first thing is to ask the Central Violation Bureau if they offer a driving school and prevent the charge from being recorded.

    As another question, suppose that I/lawyer fail to reduce the charge. I recall that many forms (immigration documents, job application etc) have a question 'have you been convicted?'. Should my answer be 'yes' or 'no'? I guess the answer would be 'yes', noting that the ticket states 'by paying the fine, a criminal offense and a conviction may appear in a public record'.

    Thanks
    You should answer the applications honestly of course, but you can add items that most people would not consider to be an issue such as : parking tickets, etc then add your speeding ticket. In this way, it will get mixed in with less offenses. I dont see a speeding ticket being an issue.

    1. Sponsored Links
       

Similar Threads

  1. Speeding Tickets: Is Speeding in a National Park, 36 CFR 4.21(C), a Federal Misdemeanor
    By akshay in forum Moving Violations, Parking and Traffic Tickets
    Replies: 4
    Last Post: 07-05-2011, 01:58 PM
  2. Probation and Parole: Federal Probation Violation With Misdemeanor
    By sa69 in forum Probation, Parole and Incarceration
    Replies: 2
    Last Post: 03-01-2008, 01:15 PM
  3. Expungement and Sealing: Federal Misdemeanor Expungement
    By sierra85 in forum Criminal Records
    Replies: 1
    Last Post: 06-20-2007, 06:43 AM
  4. Expungement and Sealing: Expunging a Federal Misdemeanor
    By bobby101 in forum Criminal Records
    Replies: 1
    Last Post: 05-04-2007, 06:54 AM
  5. Expungement and Sealing: Federal Misdemeanor Pardon or Expungement
    By bluemeanie in forum Criminal Records
    Replies: 2
    Last Post: 10-18-2006, 10:29 AM
 
 
Sponsored Links

Legal Help, Information and Resources