Reckless Driving Charge In USA - Advice Required
Discussion
I need a bit of advice regarding a reckless driving charge in America so hopefully someone can help. I was caught doing 108mph in a 55moh zone (stupid I know but can't take it back now) in Fairfax County, Washington. The driving laws here are particularly strict so I was given a reckless driving charge instead of just a speeding fine. With this charge comes a requirement to appear in court and the strong possibility of having to serve a court sentence. I guess my question is what is the best way to tackle this? I have spoken to an American lawyer firsty about applying to waive my requirement to appear in court which he dismissed as 'no chance' as it is above 90mph, he pretty much advised me to ignore the charge as they are obviously not going to come searching for me in the UK. Will this however result in me having to stay away from America for the rest of my days? Or just flying in to Washington? Am I likely to get arrested at the airport as I pass through immigration?
Hopefully someone has experience of this as I'm stumped what to do.
I can't really afford the time or money to go over and appear in court for this.
Cheers
Craig
Hopefully someone has experience of this as I'm stumped what to do.
I can't really afford the time or money to go over and appear in court for this.
Cheers
Craig
Firstly, you silly billy for doing around twice the limit!
I am fairly certain in saying that if you make no court appearance there you'll not be able to go back without expecting to be arrested at border control as you enter the country again.
If you don't need to go there again for work then it's probably advisable to just cross it off the list of countries you can visit again.
I'm not so sure that they won't catch up with you here to be honest; the US and UK have good relations and no doubt some capacity to deal with DVLA and courts here.
I think you should also take some legal advice from a UK perspective to consider your best course of action.
I am fairly certain in saying that if you make no court appearance there you'll not be able to go back without expecting to be arrested at border control as you enter the country again.
If you don't need to go there again for work then it's probably advisable to just cross it off the list of countries you can visit again.
I'm not so sure that they won't catch up with you here to be honest; the US and UK have good relations and no doubt some capacity to deal with DVLA and courts here.
I think you should also take some legal advice from a UK perspective to consider your best course of action.
As I understand it, if you do not appear in court. An arrest warrent will be issued, if you try and enter the US, you will either be bared when submitting the TSA forms. Or if you get past that, then face the possibility of being arrested at the airport and brought before a judge.
As you did not attend the original hearing, this will agrivate the case against you. If found guilty you could end up doing serious time in a state pen.
From this point of view you have two options, One seek a lawer and try and sort the case out via the Embassy here. Or two never go back to the US.
As you did not attend the original hearing, this will agrivate the case against you. If found guilty you could end up doing serious time in a state pen.
From this point of view you have two options, One seek a lawer and try and sort the case out via the Embassy here. Or two never go back to the US.
Fairfax county is in the state of virgina, not D.C.
If you don't appear there will be a warrant issued for you. Whether or not that will mean you getting pinged at immigration next time you enter, who knows? I have certainly heard of it happening before.
Personally I think the worst thing you could do would be to ignore it.
If you don't appear there will be a warrant issued for you. Whether or not that will mean you getting pinged at immigration next time you enter, who knows? I have certainly heard of it happening before.
Personally I think the worst thing you could do would be to ignore it.
DCS01 said:
As I understand it, if you do not appear in court. An arrest warrent will be issued, if you try and enter the US, you will either be bared when submitting the TSA forms. Or if you get past that, then face the possibility of being arrested at the airport and brought before a judge.
As you did not attend the original hearing, this will agrivate the case against you. If found guilty you could end up doing serious time in a state pen.
From this point of view you have two options, One seek a lawer and try and sort the case out via the Embassy here. Or two never go back to the US.
Highly likely ^^As you did not attend the original hearing, this will agrivate the case against you. If found guilty you could end up doing serious time in a state pen.
From this point of view you have two options, One seek a lawer and try and sort the case out via the Embassy here. Or two never go back to the US.
As a former resident of Fairfax Co., I can assure you that they don't just "forget" about this stuff. Any return visit to the US will likely involve a run-in with Johnny Law, most likely as soon as you exit the plane. I would take care of it now.
You've heard of rendition flights, haven't you...
Seriously, this can't be uncommon given the number of British visitors to the UK. I'd imagine a British lawyer and/or the US embassy might be able to give advice. Surely attendance at court isn't necessary if you're only there to say "sorry, sir" and pay a fine? A written statement submitted by a UK lawyer via a US lawyer admitting your guilt and asserting the fact that while you can't come to the USA, you are willing to pay whatever fine would be suffice? I can't see any judge seeing the practical purpose in giving you more than a fine. All this may cost you a fair bit, obviously.
I think there's a story to be told here, too - what were you doing (and what were you driving?) to be going 100+ in a 55 zone? Was the highway patrol officer wearing mirrored shades? Did he conform to any movie stereotypes?
Seriously, this can't be uncommon given the number of British visitors to the UK. I'd imagine a British lawyer and/or the US embassy might be able to give advice. Surely attendance at court isn't necessary if you're only there to say "sorry, sir" and pay a fine? A written statement submitted by a UK lawyer via a US lawyer admitting your guilt and asserting the fact that while you can't come to the USA, you are willing to pay whatever fine would be suffice? I can't see any judge seeing the practical purpose in giving you more than a fine. All this may cost you a fair bit, obviously.
I think there's a story to be told here, too - what were you doing (and what were you driving?) to be going 100+ in a 55 zone? Was the highway patrol officer wearing mirrored shades? Did he conform to any movie stereotypes?
Thanks for the input guys, bit of a mixed bag. I do however like the option of seeking a lawyer here and sorting the case out via the embassy? Is this really a potential option?
It's crazy to get people to serve 5 days for things like this instead of giving a huge fine and the goverment making some money off of it! Then they also save on the costs of my court appearance and the cost of jailing me.
I got nicked pretty much outside Washington Airport so I thought it was in DC but it's Virginia on my summons, wonder how that works.
It's crazy to get people to serve 5 days for things like this instead of giving a huge fine and the goverment making some money off of it! Then they also save on the costs of my court appearance and the cost of jailing me.
I got nicked pretty much outside Washington Airport so I thought it was in DC but it's Virginia on my summons, wonder how that works.
Agreed. you essentially have two options,
A. Get over there and face the music, or
B. Never go to USA again.
If you follow option A you MUST make sure you have a good lawyer, not just any old lawyer who's not too expensive. Not sure how you'd make that selection though.
This case stands as a warning to others. The idea which has become common amongst UK drivers that "when you go abroad the law doesn't really matter" is very risky. If anything you need to be more careful when in a foreign country than when in UK. Also, the drink driving thresholds in most other countries you actually want to visit are now lower than UK.
A. Get over there and face the music, or
B. Never go to USA again.
If you follow option A you MUST make sure you have a good lawyer, not just any old lawyer who's not too expensive. Not sure how you'd make that selection though.
This case stands as a warning to others. The idea which has become common amongst UK drivers that "when you go abroad the law doesn't really matter" is very risky. If anything you need to be more careful when in a foreign country than when in UK. Also, the drink driving thresholds in most other countries you actually want to visit are now lower than UK.
I think most of the sensible answers above are, well, sensible. However...
I got collared in Nevada in 1998 for reckless driving, general recklessness and damaging local flora (I binned a Mustang convertible into a Joshua tree while doing some impromptu drifting while high as a kite - didn't see the highway patrol dude watching
) - court appearance indicated so I fled for California and flew home the next day.
Over the last 8 years my business has grown and I've been in and out of the US maybe 20 times without any problems, all east coast though, NY, Boston, DC.
However;
a) I have not been back to Nevada
b) I would not go back to Nevada
c) I'm always a little edgy until I'm back on BA sipping a gin & tonic on the way home
d) Modern Mustangs really are pretty s
t cars
I got collared in Nevada in 1998 for reckless driving, general recklessness and damaging local flora (I binned a Mustang convertible into a Joshua tree while doing some impromptu drifting while high as a kite - didn't see the highway patrol dude watching
) - court appearance indicated so I fled for California and flew home the next day.Over the last 8 years my business has grown and I've been in and out of the US maybe 20 times without any problems, all east coast though, NY, Boston, DC.
However;
a) I have not been back to Nevada
b) I would not go back to Nevada
c) I'm always a little edgy until I'm back on BA sipping a gin & tonic on the way home
d) Modern Mustangs really are pretty s
t cars
craigwalker3 said:
It's crazy to get people to serve 5 days for things like this instead of giving a huge fine and the goverment making some money off of it!
You're completely wrong there I'm afraid. It's done to stop idiots thinking they can laugh off the law in a foreign country just by writing a cheque. This is also why Johnny Gendarme likes to hang onto peoples car keys for a few weeks.
It's only serious crimes that would have you pulled up at immigration. Worth sorting out though if at all possible - write to the court via a lawyer? I'm sure it can be sorted out via a fine.
Needless to say if you don't sort it, don't ever go back to Virginia, or ever speed like that again. Running away and repeating the crime might land you a spell in US clink.
Needless to say if you don't sort it, don't ever go back to Virginia, or ever speed like that again. Running away and repeating the crime might land you a spell in US clink.
Probably safe to assume they won't extradite you over it! But looks like it would be likely to cause you problems if you return and actually could mean you're not allowed in even once the issue is settled if you plead guilty to reckless driving:
"How about traffic/moving violation?
"Generally a minor traffic or moving violation may not have any immigration consequences; however, serious moving violations such as reckless driving can have significant effect, which may render one inadmissible or ineligible for naturalization."
http://www.path2usa.com/crime-and-immigration
"Immigration: If you are not a United States citizen and are convicted of reckless driving, believe it or not, you could be deported from the United States. For people who are not U.S. citizens, reckless driving offenses may have very serious immigration consequences."
http://www.ahufflaw.com/practice/driving-offenses/
So it's probably worth engaging a decent US attorney who can get you off "reckless driving" and plead guilty to something lesser. Googling suggests that it is a matter of whether the crime involves "moral turpitude" and the answer isn't clear. In short, get a lawyer quickly if you care about visiting the US.
"How about traffic/moving violation?
"Generally a minor traffic or moving violation may not have any immigration consequences; however, serious moving violations such as reckless driving can have significant effect, which may render one inadmissible or ineligible for naturalization."
http://www.path2usa.com/crime-and-immigration
"Immigration: If you are not a United States citizen and are convicted of reckless driving, believe it or not, you could be deported from the United States. For people who are not U.S. citizens, reckless driving offenses may have very serious immigration consequences."
http://www.ahufflaw.com/practice/driving-offenses/
So it's probably worth engaging a decent US attorney who can get you off "reckless driving" and plead guilty to something lesser. Googling suggests that it is a matter of whether the crime involves "moral turpitude" and the answer isn't clear. In short, get a lawyer quickly if you care about visiting the US.
Its a state law that you have broken not a federal one so you will not have any issues going back to the good ole U.S of A. Unless you where running drugs, mexicans or guns at the time.
I had the same problem several years ago except mine was slightly higher than yours. The state trooper told me I would be going to court blah blah blah. I ignored it and just carried on with my life.
I have been back there 3 times without any issues.
I had the same problem several years ago except mine was slightly higher than yours. The state trooper told me I would be going to court blah blah blah. I ignored it and just carried on with my life.
I have been back there 3 times without any issues.
boz1 said:
Probably safe to assume they won't extradite you over it! But looks like it would be likely to cause you problems if you return and actually could mean you're not allowed in even once the issue is settled by you pleading guilty to reckless driving:
"How about traffic/moving violation?
"Generally a minor traffic or moving violation may not have any immigration consequences; however, serious moving violations such as reckless driving can have significant effect, which may render one inadmissible or ineligible for naturalization."
http://www.path2usa.com/crime-and-immigration
"Immigration: If you are not a United States citizen and are convicted of reckless driving, believe it or not, you could be deported from the United States. For people who are not U.S. citizens, reckless driving offenses may have very serious immigration consequences."
http://www.ahufflaw.com/practice/driving-offenses/
So it's probably worth engaging a decent US attorney who can get you off "reckless driving" and plead guilty to something lesser. Googling suggests that it is a matter of whether the crime involves "moral turpitude" and the answer isn't clear. In short, get a lawyer quickly if you care about visiting the US.
^^Take it seriously and talk to a lawyer."How about traffic/moving violation?
"Generally a minor traffic or moving violation may not have any immigration consequences; however, serious moving violations such as reckless driving can have significant effect, which may render one inadmissible or ineligible for naturalization."
http://www.path2usa.com/crime-and-immigration
"Immigration: If you are not a United States citizen and are convicted of reckless driving, believe it or not, you could be deported from the United States. For people who are not U.S. citizens, reckless driving offenses may have very serious immigration consequences."
http://www.ahufflaw.com/practice/driving-offenses/
So it's probably worth engaging a decent US attorney who can get you off "reckless driving" and plead guilty to something lesser. Googling suggests that it is a matter of whether the crime involves "moral turpitude" and the answer isn't clear. In short, get a lawyer quickly if you care about visiting the US.
A. It's a reckless charge, which is serious
B. You got caught in FFX Co., where cops throw the book at you for moving violations whenever possible
Either sort it now, or expect issues on any future return trip.
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