Traffic conviction / crim record

Travel Forums Off Topic Traffic conviction / crim record

1. Posted by Jake1234 (Budding Member 3 posts) 6w Star this if you like it!

Guy guys,

Done a lot of reading on these forums regarding criminal record and travelling to America. But nothing for mine.

I have one conviction. Was not arrested didn’t have to go to court however it was processed by the courts
Only got a fine.

I was snaped going 131km/h in a 80km/h zone by a speed camera.

Does this effect ESTA

2. Posted by AndyF (Moderator 1372 posts) 6w Star this if you like it!

I think the relevant question on the ESTA application is worded "Have you ever been arrested or convicted for a crime that resulted in serious damage to property, or serious harm to another person or government authority?"

To me that seems a clear "no" in your case, so I think you're okay. Not that I'm an expert.

3. Posted by leics2 (Respected Member 537 posts) 6w Star this if you like it!

No-one here or on any other forum is an expert in this particular area, however much some might like to pretend otherwise. So I'll just give the facts:

This is what the official ESTA site says about traffic offences:

>If you have a minor traffic offense which did not result in an arrest and/or conviction you may travel visa free under the Visa Waiver Program, provided you are otherwise qualified. If you are not sure whether or not you are eligible to travel visa free, the only way to resolve this question is to apply for a visa. (my bold)

https://uk.usembassy.gov/visas/visa-waiver-program/additional-requirements/

Although you were not arrested, you say your speeding offence was processed by the courts and you were convicted. I don't know which country you're from (as you quote in km I suspect not the UK?) but it seems the offence was considered too serious for a standard automatic 'ticket'?

If you have a conviction, some people will encourage you to lie on the ESTA, which is potentially a criminal offence in the US. Others will urge caution (most especially if there is any chance you might want or need to live or work in the US at any point in the future) and suggest you apply for a visa.

Ultimately it can only be your decision whether to apply for an ESTA or to take the visa route.

[ Edit: Edited on 30-Dec-2018, at 12:39 by leics2 ]

4. Posted by AndyF (Moderator 1372 posts) 6w Star this if you like it!

Quoting leics2

Although you were not arrested, you say your speeding offence was processed by the courts and you were convicted. I don't know which country you're from (as you quote in km I suspect not the UK?) but it seems the offence was considered too serious for a standard automatic 'ticket'?

From the OP's profile they're in NZ.

Normally speeding tickets in NZ are just a police matter and the description of not having to go to court suggests this was the case here and it isn't a conviction.

However, if in doubt ask the police for a print out of the records they hold on you.

5. Posted by leics2 (Respected Member 537 posts) 6w Star this if you like it!

Thanks for that, Andy. I did check the profile but couldn't see a location.

If it's just a standard police-issued ticket then it's ok with the ESTA. But the OP said it 'was processed by the courts' and referred to his/her 'conviction' and, if that is the case, matters are as above.

131km/h is very considerably higher than 80km/h and seems to be over the NZ limit for careless/dangerous/reckless driving, so I wonder if that is why the matter was dealt with by the courts?

[ Edit: Edited on 31-Dec-2018, at 00:41 by leics2 ]

6. Posted by Jake1234 (Budding Member 3 posts) 6w Star this if you like it!

Hi guys thanks for feed back

Ok so after speaking with lawyers in New Zealand is under the land transport act not the criminal act not the crim act.
Careless dangerous and reckless are worse
Mine in just speeding

Still feeling like mercy waters tho Is it criminal or not ?

7. Posted by leics2 (Respected Member 537 posts) 6w Star this if you like it!

Thank you for the feedback too.

If it is not a criminal act in NZ then it is not a criminal offence and (presumably) you don't have any other criminal record.

Unless the ESTA wording quoted above has changed imo you can certainly answer 'No' (but remember that none of us are (or can be) experts...only US border officials know exactly where the goalposts are).

[ Edit: Edited on 31-Dec-2018, at 01:38 by leics2 ]

Post 8 was removed by a moderator