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If your application is in process it will not show up until after any court findings one way or the other, an it will remain in your US Criminal History Record forever.
I do not know how the citizen process works but they may interview you before final approval and ask for any updated info like arrests?
Did you seek medical attention? Was your vehicle also damaged? Contact your Insurance comapny and file a claim if so.
I sought legal advice and I've been told by multiple defense attorneys that the charges can be dismissed considering I don't have any prior ones however, the cost of hiring an attorney is pretty high (approx. $3,500.00). I did not seek medical attention as the injuries were minor + I'm in between jobs so I don't have medical insurance and it would be a cost out of my pocket. The cops looked at my car and concluded that there was no damage however, I know that the guy rubbed against my car and it caused a scratch (it was dark at night so nobody could see at that time). At this point, I'm more worried about the citation than anything else. If it's just a fine that I can pay to get out of this then I would certainly feel better but I don't know what the outcome is going to be on the court date.
Also, I spoke with my immigration attorney and she mentioned the following:
[SIZE=2]On the I-485, you will have to answer the following question "have you ever been arrested, cited, charged, indicted, fined or imprisoned by breaking or violating any law or ordinance, excluding traffic violations".[/SIZE]
[SIZE=2]I'm not sure if this citation (Disorderly Conduct) is considered a "traffic violation".
[/SIZE]
I sought legal advice and I've been told by multiple defense attorneys that the charges can be dismissed considering I don't have any prior ones however, the cost of hiring an attorney is pretty high (approx. $3,500.00). I did not seek medical attention as the injuries were minor + I'm in between jobs so I don't have medical insurance and it would be a cost out of my pocket. The cops looked at my car and concluded that there was no damage however, I know that the guy rubbed against my car and it caused a scratch (it was dark at night so nobody could see at that time). At this point, I'm more worried about the citation than anything else. If it's just a fine that I can pay to get out of this then I would certainly feel better but I don't know what the outcome is going to be on the court date.
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I'm sure the police have the other parties information too, so you could obtain a copy of the police report and turn it over to your insurance company. Most likely your insurance, not his, will pay upfront to repair any vehicle damage & cover any of your medical expenses, then they will go after his insurance to recoup the loss.
That sounds about right for the legal cost. Attorney's know how to bargain with prosecutors, you and myself don't, which can easily lead to a guilty verdict and more than necessary court costs & fines, so it might be in your best interests to hire an attorney?
The immigration attorney said, they will ask, 'have you ever been', those are they key words.
Though this was a citation and not an arrest, the court sees it no different, meaning, 'court is court', no matter what disposal occurred even if they dropped it, all paperwork is turned over to the 'state criminal history board' of whatever state this happened in and can be accessed.
This is a 'paper trail', so don't risk not telling them, because in the future, they could find out and revoke any rights they gave you.
I did get a copy of the police report. The police indicated my name in a section titled "Victim" and the other guy's name in the section titled "Offender" but I'm not sure if it really matters for the court as both of us have a citation with the same charge.....like you said, court is court and they don't look at it differently. I'm leaning towards hiring an attorney to get the charge dismissed.
Betcha this could have been avoided though...
Especially during the Holiday Season; this has to be aggravating..
Hope I'm not sounding like "cynical" or anything.
Nashcash - I bet that this is going to be the last time in a LONG time that you cut someone off. Your own words. Sucks for you that you ran into a family who reacted badly to your bad driving. Sadly, I don't see anything in your post regretting your mistake while driving.
3 things - first, maybe try not to purposely cut someone off. Second, you should have called the police earlier.
Third: It's a lot easier for all of us sitting here to react to your story without being there
My road rage incident:
I was on a 4 lane road (two lanes each direction) with a shared middle turn lane. I was stopped in the middle lane waiting to turn when I see about .5 miles down the road someone is using the turn lane as their own personal lane. Mind you, I'm stopped, waiting to make my turn onto the road right beside me. Well, this car keeps coming at me, and he has to get out of the middle lane because I'm still there waiting to turn due to traffic. Needless to say as he passed me by he yelled how impressed he was with my driving so needless to say, I responded by letting him know he was number one with my hand
Next thing I know, he slams on his brakes and throws his car into reverse. As you can imagine, he gets extremely mouthy with me and then proceeds to tell me that I had better watch it or else he was going to make my glasses a permanent part of my face.
Much like nashcash ran into one of the worst people at the moment, I think that I surprised the other driver. Unbeknown to him I had been home literally only DAYS from a tour overseas earning my combat pay.
Needless to say, he just about had a heart attack him I looked him in the eye and told him to bring it. Even more surprising is how much backpeddling he was doing when I got out of my car.
Luckily, I've calmed down a good bit now, just in enough time another tour
I will say though, instead of a firearm, I would rather carry mace in my car.
Well, excuse me for being so horrible at driving!!
Quote:
Originally Posted by Zig'sbird
Nashcash - I bet that this is going to be the last time in a LONG time that you cut someone off. Your own words. Sucks for you that you ran into a family who reacted badly to your bad driving. Sadly, I don't see anything in your post regretting your mistake while driving.
3 things - first, maybe try not to purposely cut someone off. Second, you should have called the police earlier.
Third: It's a lot easier for all of us sitting here to react to your story without being there
My road rage incident:
I was on a 4 lane road (two lanes each direction) with a shared middle turn lane. I was stopped in the middle lane waiting to turn when I see about .5 miles down the road someone is using the turn lane as their own personal lane. Mind you, I'm stopped, waiting to make my turn onto the road right beside me. Well, this car keeps coming at me, and he has to get out of the middle lane because I'm still there waiting to turn due to traffic. Needless to say as he passed me by he yelled how impressed he was with my driving so needless to say, I responded by letting him know he was number one with my hand
Next thing I know, he slams on his brakes and throws his car into reverse. As you can imagine, he gets extremely mouthy with me and then proceeds to tell me that I had better watch it or else he was going to make my glasses a permanent part of my face.
Much like nashcash ran into one of the worst people at the moment, I think that I surprised the other driver. Unbeknown to him I had been home literally only DAYS from a tour overseas earning my combat pay.
Needless to say, he just about had a heart attack him I looked him in the eye and told him to bring it. Even more surprising is how much backpeddling he was doing when I got out of my car.
Luckily, I've calmed down a good bit now, just in enough time another tour
I will say though, instead of a firearm, I would rather carry mace in my car.
Yes, I regret my mistake, allright. You sound as though I deliberately cut the guy off. I was not looking for trouble that night and I am not a bad driver. I needed to get over, which can be quite difficult in big city traffic. It looked as though he was going to let me in, but I guess he was not. I am sorry if you think I am such a horrible driver to accidentally cut someone off. Have you never cut anyone off on accident before or something? No driver is completely perfect. I am sure you have accidentaly cut someone off or caused someone to jump on their brakes because you needed to get over or pass. Personally, I think all drivers should get anger management courses before setting one tire on the pavement. I would have called the police sooner, but I thought I should have kept both hands on the whell in case he decided to run me off the road or something. I think this was the safest thing to do for both me and other drivers on the road.
Yes, I regret my mistake, alright. You sound as though I deliberately cut the guy off. I was not looking for trouble that night and I am not a bad driver. I needed to get over, which can be quite difficult in big city traffic. It looked as though he was going to let me in, but I guess he was not. I am sorry if you think I am such a horrible driver to accidentally cut someone off. Have you never cut anyone off on accident before or something? No driver is completely perfect. I am sure you have accidentally cut someone off or caused someone to jump on their brakes because you needed to get over or pass. Personally, I think all drivers should get anger management courses before setting one tire on the pavement. I would have called the police sooner, but I thought I should have kept both hands on the wheel in case he decided to run me off the road or something. I think this was the safest thing to do for both me and other drivers on the road.
No problem, but you do have to admit that the way you wrote the beginning that you were weaving in and out of traffic, and then cut off of the car. The way you wrote it also sounded like you had no regret. I can see how he was upset. Hell, just the other day almost the same thing happened to me. I actually was forced over onto the shoulder and then the person almost came to a complete stop. Was I pissed? Yep. But it ended there.
In your situation, it should have ended AT MOST with each of you letting the other driver know that they were number one
The other driver in your situation went WAY overboard. No excuse for that. The way that I look at it is karma is real. He's going to get his one way or another. Hopefully it's not in front of his children, but if so at least they'll learn that there are consequences for boorish behavior.
Also, reread my point 3. It's a lot easier for those of us sitting back outside of the situation to act like the arm chair quarterback In other words, take everything with a grain of salt. That's why I posted my road rage incident just to show I'm by no means perfect.
people are CRAZY!
Today I was at a stop sign, waiting to go onto the main road, and someone goes to the stop sign across from me. I went to turn, and I obviously had the right-of-way, and he whips out infront of me, causing me to slam on my breaks, so i honked the horn at him and he gives me the dirtiest look. It was an old man and his wife, so I had a bit of sympathy, just assuming they're old and don't know what's going on. So anyway, I'm behind them, then he decides to go crazy with his breaks.. and I wasn't even tailgaiting them, not on purpose anyway.. he was going like 30 in a 50 zone. Then we get up to an 80 zone and he still goes 30, thennn he turns off, and I happen to be going that way too.... I think he figured I was following him, mad about the stop sign incident or something, because he sees me turning too..then he shakes his fist at me, slams on the breaks, stops the car, GETS OUT..and starts stomping over to my car. Well I wasn't about to sit there and let this crazy man come over so I floor it and get outta there which requires me to run a red light cause he starts like..chasing the car. Yeah, people are crazy.
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Citation
Well, excuse me for being so horrible at driving!!
