I have questions about 2 charges related to a speeding.My friend went to Yellowstone national park. The driver was caught speeding. He was driving at 85mph in a 35mph zone. A police stopped them and issued the driver 2 tickets:1st ticket:Offense Charged: CFR (36 CFR 4.22 (b)(1) )Description: "Careless operation opertate without due care"There is a 73-00-00 at the end of the description.2nd ticket:Offense Charged: CFR ( 36 CFR 4.21 (c) )Description: "Operating a motor vehicle at excessive speed 85/35"There is a 70-40-00 at the end of the description.The driver is required to go to a district court.Are these criminal offense or just simple traffic ticket? Are these serious offense? What are the maximum penalties in this case? Is it possible that the driver can get go to jail? The driver is an international student in the USA. Will he has potential problem for his visa status?Should he go to court with a lawyer or not.
Hi,My name is XXXXX XXXXX X'd be happy to answer your questions today. We have recently implemented a new rating and feedback system. Please be aware that you are rating my courtesy and service as a professional, and not necessarily whether you like the information that you are receiving. If you have any questions whatsoever, or there is anything I can clarify for you, please temporarily bypass the rating system by clicking “Continue the Conversation” (It’s a small link to the right of the rating box.) Clicking either “I expected more” or “Helped a little” reflects poorly on me, so please reply to me if there is anything else I can do to help before choosing those options. I appreciate your patience while we work out the kinks.The reason your friend is required to go to district court is simply because the federal courts have jurisdiction over traffic offenses that happen in National Park. There is no federal traffic court, so they go to district court, where he'll appear before a magistrate.These are Class B misdemeanors (because they aren't any federal traffic infractions). A violation of those code sections is punishable by up to six months imprisonment, fines, or both. 36 C.F.R., Section 1.3. Ordinarily, I would say that jail for a first offense is unlikely, but he was going more than twice the speed limit. It's very possible that a judge would lock him up for a few days to send a message. If there is any chance at all that this will happen, when he goes to the court date, the judge will appoint a lawyer for him at no cost if he cannot afford one (most people qualify).Speeding is not a crime of moral turpitude, so a conviction isn't going to automatically equal deportation or anything like that. His lawyer will be able to review all of the possible consequences with him. If you have any questions at all about what I've written, please click "continue conversation" so that I may address them. It's important to me to ensure that you are 100% satisfied with the service I have provided you. Thank you.
Lawyer. Former judicial law clerk. Worked for District Attorney's Office in Traffic Court.
3 more follow up questions:1) Will there be any criminal record for my friend or just traffic record?2) Is it possible that my friend can get away by just paying a fine? Or is it very likely that the judge will lock him for a few days?3) Should he contact a lawyer before the court date?
1. These are considered criminal violations, because there are no federal traffic infractions. But it's not on par with a felony or anything like that.2. Usually, I would say that it would just be a fine. But.... 85 in a 35 mile per hour zone? Honestly, I'd be surprised if he weren't locked up for a couple of days. That's just so out of proportion. It's 50 miles OVER the speed limit (and, again, more than twice the speed limit). I realize that 35 is a really low limit, but I've seen judges lock people up for going 85 in a 55 zone.3. If he can afford a lawyer to represent him, he absolutely should talk to someone before the court date. A good place to find someone is http://www.martindale.com.
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