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Insertwittyname

Original Poster:

11 posts

26 months

[news] 
Friday 5th October 2012 quote quote all
Long time lurker first time poster....

Off to Miami next Friday for a lads holiday, one of the chaps got caught speeding in Vegas last March.. He didn't pay the fine / go to court.

Now a bit of a panic for what happens when we go through customs on the other side of the pond.

Appreciate that he will be expecting a full cavity search / electric chair, but other than that, what could happen?

He got caught doing 86 in a 70 and was given a ticket to attend court...

As I am expecting the usual "friend" comments, I have an alibi for my whereabouts in the uk at time of above offence.

Thanks in advance.

beanbag

6,606 posts

125 months

[news] 
Friday 5th October 2012 quote quote all
The fact that he skipped court would be quite serious in the US I expect and if I were him, I would not go to the US and skip the holiday.

Your friend sounds like (as my American friend would say), a bit of a douche-bag so if in his infinite wisdom decides to turn up, he should also expect to find a pair of cuffs on him and a stiffer fine / sentence.

7db

5,950 posts

114 months

[news] 
Friday 5th October 2012 quote quote all
Miami in Florida not Nevada. Can't imagine there's a Federal warrant out for him yet. See other thread a few weeks back on US speeding tickets.

beanbag

6,606 posts

125 months

[news] 
Friday 5th October 2012 quote quote all
A little digging found this....again...your friend should avoid the US.

Source: http://www.wisegeek.com/what-is-a-bench-warrant.ht...

A bench warrant is a type of arrest warrant which is issued by a judge or court, most typically when someone fails to comply with a court order or requirement. When a bench warrant is issued, law enforcement have the authority to pick up the subject of the warrant and bring him or her to court to address the charges of a bench warrant; the subject is literally brought before the judge's bench to respond to the warrant. Bench warrants are often used as tools for fighting contempt of court, a willful disregard of a court order. Some judges are more prone to issuing bench warrants than others; as a general rule, you should avoid contempt of court anyway, as the penalties can be severe.

One example of contempt of court is a failure to appear in response to a jury summons. A judge can issue a bench warrant which obligates someone to come to court and answer contempt charges, although many judges do not want to deal with the paperwork of issuing bench warrants for people who fail to appear for jury duty. More commonly, a bench warrant will be issued to someone who did not show up for a scheduled court date, or for someone who decides to disobey a subpoena to testify in a case.

In order to file a bench warrant, a judge must generally demonstrate a personal knowledge of the contempt which instigated the warrant. Otherwise, a judge must wait for someone to file an affidavit requesting a bench warrant. For example, if person N fails to pay child support to person Y, person Y's lawyer can file an affidavit for a bench warrant to request the presence of person N in court. Person N must explain why he or she failed to pay child support at this court appearance.

A bench warrant is slightly different from a more general arrest warrant. A warrant for arrest is issued when a law enforcement agency has reason to believe that someone has been involved in a crime. For example, an arrest warrant will be issued by a court for someone who is accused of murder so that he or she can be indicted and tried. Typically, someone can pay bail to get out of jail after an indictment hearing has been held, while the subject of a bench warrant may not be allowed to pay bail if the court determines that the person needs to be held in jail, since she or he is deemed a flight risk.

Insertwittyname

Original Poster:

11 posts

26 months

[news] 
Friday 5th October 2012 quote quote all
Thank you for the speedy replies.


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REALIST123

3,529 posts

37 months

[news] 
Friday 5th October 2012 quote quote all
Insertwittyname said:
Long time lurker first time poster....

Off to Miami next Friday for a lads holiday, one of the chaps got caught speeding in Vegas last March.. He didn't pay the fine / go to court.

Now a bit of a panic for what happens when we go through customs on the other side of the pond.

Appreciate that he will be expecting a full cavity search / electric chair, but other than that, what could happen?

He got caught doing 86 in a 70 and was given a ticket to attend court...

As I am expecting the usual "friend" comments, I have an alibi for my whereabouts in the uk at time of above offence.

Thanks in advance.
Do the police issue tickets with court details on them, then? You know date and time, or did he get that sent to him later and ignore it?

creampuff

3,735 posts

27 months

[news] 
Friday 5th October 2012 quote quote all
What details of your friend are recorded on the Nevada ticket? If it just his name, home address and driving licence number then I find it difficult to believe that it would be sufficient to data match to someone entering the US who just happened to have the same name.

Sexual Chocolate

1,581 posts

28 months

[news] 
Friday 5th October 2012 quote quote all
I got clocked doing over 90 just out side of Cleveland. It was a local sheriff and not a state trooper. Office told me that I would go to court blah blah blah. I didn't. I left before the court hearing. 2 years later I had to go to NY. Having remember my earlier misdemeanour on the flight I panicked a little. In the end I breezed through customs and into a taxi.

According to my US friends it was because I got stopped by local police. If I had been stopped by a state one the outcome might have been different.

beanbag

6,606 posts

125 months

[news] 
Friday 5th October 2012 quote quote all
It's funny how we'd all get massively pissed of if our US counterparts did the same to us and skipped court, yet nobody seems to think it's an issue here.

Mistakes happen and people genuinely misunderstand official letters requesting a court appearance however those that knowingly skip court and bug out either need to stay away or man up and face the consequences...

Gillett66

54 posts

27 months

[news] 
Friday 5th October 2012 quote quote all
Also a long time lurker...

I has a similar situation but I relented (or just put it off) and paid the fine the morning was due in court in California.

I have since been back and with my (BA) travel documents I went through some sort of pre-arrival screening. The missus filled out most of it as she was worried I would get turned around, so I can't tell you exactly what it entails but I did basically get a green light to travel before boarding.

No sign of any of these types of document?

King Eric

253 posts

94 months

[news] 
Friday 5th October 2012 quote quote all
He will get nicked. When he fills his online ESTA out it will trigger that he's wanted, and he will get the full treatment on arrival. He could speak to the US embassy to try to sort it. He may be able to pay the fine before he goes....It's a feloney anyway. He can plead ignorance to failing to attend court. They can't prove he received anything can they? In a foreign country.

In the big scheme of things it's a speeding fine. Not murder!

King Eric

253 posts

94 months

[news] 
Friday 5th October 2012 quote quote all
PS I'm not endorsing him skipping court. He needs to grow some bks and man up about it, better to clear it up before leaving and wasting a ticket. Huge comedy for you and your mates when he gets shifted though, so tell him it's ok according to PistonHeads and have a real laugh on arrival?

Insertwittyname

Original Poster:

11 posts

26 months

[news] 
Friday 5th October 2012 quote quote all
He is going to speak to the embassy / court house and plead some level of ignorance. The court date was after his return back to the UK which was his reason for not going.
His ESTA is still valid from previous trip, if its going to flag up it will be when the advance passenger information is submitted.
Thanks again for all the guidance, no longer will I be a lurker!
Also, where free wifi permits I will update the thread on what happens.

daz3210

5,000 posts

124 months

[news] 
Friday 5th October 2012 quote quote all
Insertwittyname said:
He is going to speak to the embassy / court house and plead some level of ignorance. The court date was after his return back to the UK which was his reason for not going.
His ESTA is still valid from previous trip, if its going to flag up it will be when the advance passenger information is submitted.
Thanks again for all the guidance, no longer will I be a lurker!
Also, where free wifi permits I will update the thread on what happens.
We need photo's too if he is arrested laugh

timskipper

1,219 posts

150 months

[news] 
Friday 5th October 2012 quote quote all
Was it definitely a court ticket? I got done some years ago by a State Trooper in Florida for 92 in a 60 and was given a $280 fine which I just paid at a bank before I left, no court mentioned or anything.

As it happens I'm flying to Miami next week as well. 32 degrees currently, not sure whether the state pen has a/c or not smile

Insertwittyname

Original Poster:

11 posts

26 months

[news] 
Friday 5th October 2012 quote quote all
  • Deleted post as duplicated*

Edited by Insertwittyname on Friday 5th October 14:04

Insertwittyname

Original Poster:

11 posts

26 months

[news] 
Friday 5th October 2012 quote quote all
$544 fine later and a valuable lesson learned... Apparently there is a website that you can enter your ticket number and it says what you owe and how to pay etc. Not worth the risk, especially when the hotel is booked in his name!
Cheers

Captain Cadillac

2,924 posts

71 months

[news] 
Saturday 6th October 2012 quote quote all
Generally an unpaid ticket in America means the following:

Bench warrant for your arrest until the ticket is satisfied. Bench warrant is going to be for "failure to appear".

Suspension of your drivers license. Most states will suspend you for an out of state ticket that's unpaid. I once had my Illinois license suspended for a ticket in Kentucky that I thought I could sneak out of paying.

It's a state level issue, the federal government couldn't care less.

ETA: most any moving violation is an infraction, a DWI is a criminal misdemeanor, as is reckless driving or racing on the highway or obvious stuff like leaving the scene of an accident with injuries or vehicular homicide.

A speeding ticket, seatbelt ticket, etc. those are infractions and don't give you a criminal record.

creampuff

3,735 posts

27 months

[news] 
Saturday 6th October 2012 quote quote all
Insertwittyname said:
He is going to speak to the embassy / court house and plead some level of ignorance. The court date was after his return back to the UK which was his reason for not going.
His ESTA is still valid from previous trip, if its going to flag up it will be when the advance passenger information is submitted.
Thanks again for all the guidance, no longer will I be a lurker!
Also, where free wifi permits I will update the thread on what happens.
As I asked above: did they take his DOB when the ticket was issued? Passport number?

I'm guessing not. So how are you expecting US immigration to know it is the same guy? There are usually hundreds of people with the same name in any given city.

Insertwittyname

Original Poster:

11 posts

26 months

[news] 
Saturday 6th October 2012 quote quote all
I'm not to sure to be honest. However, he has spoken to an attorney who stated that the Blythe superior court isn't directly linked to the federal government, it is highly unlikely that anything will happen at customs etc.

Personally, I think he should just stump up the cash, however, it looks like he is going to risk it.
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