criminal speeding Ticket -What needs to be answered in DS 160

[sreeram4u123]

Hello ,

 

In  AZ State Where if Speed exceeded 20 miles above post mark is considered as criminal speeding . I have recieved ticket written as Excessive speed but not arrested .

 

I have hired an attorney and case is still going through pre trail conferene. So now when i'm applying for my Canada visa and US DS 160 form on the background questionaire what do i need to answer for below Questions .Please advise.

 

Note : I'm neither convicted nor arrested ,just recieved citation and case is still under pre trail .

 

DS 160 Question :

 

Have you ever been arrested /convicted for any offense of crime,even though subjected to pradon or other actions ?

 

Yes/NO

 

Canada IMM5257E

Have you ever committed,been arrested for,charged with or convicted of any criminal offense in any country ?

 

YES/NO

 

Thanking you.

[omshiv]

The TRUTH SHOULD BE THE AMSWER!!!!

[Attorney_23]

The TRUTH SHOULD BE THE AMSWER!!!!

 

The problem here is, what is the truth? If he was not arrested and not (yet, at least) convicted, it's a valid question.

[sreeram4u123]

Thanks Attorney_23 & Omshiv  for reply. Yes as per the truth .I'm not arrested and convicted .Just recieved citation as criminal speeding ticket. So what needs to be answered here.

 

Thanks for time and patience.

[pontevecchio]

1. No fingerprinting equates to no arrest

 

2. Answer NO id you were not fingerprinted. The reason why I say this is you cannot be arrested without FP and a mug shot.

[ronaldo21]

sreeram4u123:

Were you cited misdemeanor or infraction?

[sreeram4u123]

Hello pontevecchio & ronaldo21,

 

Thanks for your response. I was stopped and given a citation for misdemeanor .the ticket says type criminal and described as Excessive speed.

 

I was not arrested nor fingerprinted.

 

Thanks

sreeram

[sreeram4u123]

sreeram4u123:

Were you cited misdemeanor or infraction?

 

 

Hello ronaldo21,

 

Thanks for your response. I was stopped and given a citation for misdemeanor .the ticket says type criminal and described as Excessive speed.

 

I was not arrested nor fingerprinted.

 

Thanks

sreeram

[sreeram4u123]

1. No fingerprinting equates to no arrest

 

2. Answer NO id you were not fingerprinted. The reason why I say this is you cannot be arrested without FP and a mug shot.

Hello pontevecchio ,

 

Thanks for your response. I was stopped and given a citation for misdemeanor .the ticket says type criminal and described as Excessive speed.

 

I was not arrested nor fingerprinted.

 

Thanks

sreeram

[ronaldo21]

Hi,

 What happened to your case? Update.

[Goodadvice_0107]

Please note that not all arrests end up in jail or getting fingerprinted, it can also be a verbal arrest whereby the arresting officer may choose to disclose that he/she is arresting you (on suspicion) for the charge ...

 

Now, you may choose NOT to disclose this on your canadian application or the DS 160 form, and may even get the visa, but you should keep in mind that your case is still in progress...

 

If you are convicted of the charge and if it is a criminal misdemeanor (as per the ticket), it may appear in an FBI background check in the future... (say .. when you go for another visa renewal or a green card case), in which case there MAY be a remote chance that someone may figure out that you didnt declare this on your visa renewal forms by matching the dates... ;)

 

I personally think that even if you declare this on both the forms, you should still be ok... (provided its your ONLY misdemeanor charge)

 

Good Luck !

[thunderbolt]

Hello sreeram4u123: Could you please update what happened?

[JoeF]

2. Answer NO id you were not fingerprinted. The reason why I say this is you cannot be arrested without FP and a mug shot.

 

That is not quite true.

A person generally is considered arrested if the person can't walk away.

From one website (sorry, can't post the link here):

"An arrest occurs when a person reasonably believes he is not free to leave due to the actions of law enforcement officers. The circumstances that courts will look at to determine whether someone is “free to leave” vary by state and by courts."

[NickPERSON]

I received a criminal ticket in arizona as i was going on 100 miles on 75 mile limit. I received a criminal ticket and will be hiring a lawyer. Any idea how this will impact the H1 extension and Green card process if I am found guilty ?