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Waiver for speeding ticket?

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  • Waiver for speeding ticket?

    So let's say that someone has the following situation... actually it's my friend... okay, it's me...

    Background check comes back with a misdemeanor traffic violation ("reckless driving" in Virginia for 80 in a 55) from 8 years ago. $200 ticket paid, never realized that it was going to go on my record as a misdemeanor though - heck, I've never had a cigarette!

    Doing a little research, the following requires a waiver:
    "[B]Reckless driving[/B], careless, or imprudent ([B]considered a misdemeanor when the fine is $300 or more[/B] or when confinement is imposed; [B]otherwise, considered a minor traffic offense[/B])."

    If I read the above correctly, the misdemeanor in Virginia is not treated as one by the Army, due to the fine being less than $300.

    Now:
    "Minor Traffic Offenses. Received a civil court conviction or other adverse dispositions for six or more minor traffic offenses where the fine was $250 or more per offense." Requires a waiver.

    If I read THAT correctly, the misdemeanor in Virginia isn't a minor traffic offense that requires a waiver either (since it's less than $250)?

    So even though a background check screams "MISDEMEANOR" it's neither one nor a minor traffic offense requiring a waiver?

    My recruiter told me to look into expungement, reducing citation, etc. That's going to take a while, I'm wondering if I need to do that now in order to enlist... or if the aforementioned points make sense.

  • #2
    If the state considered the offense a misdemeanor, then that is what your background check will show. Even if the Army guidelines would not rate it as such, it is what it is because the jurisdiction where the offense occurred takes precedence. If this is the case, you need to have it expunged, especially if you are looking to obtain security clearance.

    Please, someone else chime in if I have misled this individual.

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    • #3
      What state are you in now? When I was a Marine stationed at Quantico, VA, I got a speeding ticket in Fairfax county. When I applied for law enforcement, I have to find a copy of the ticket's final status. It was a moving violation; not reckless driving. You have to find out how that came up. Go to the county's courthouse and get it fixed. You have to do the legwork if you want to get back in. Plain and simple. I havent had a moving violation since 98. Wow lol

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      • #4
        [QUOTE=SPC Sutherland]...precedence...[/QUOTE]

        Whether or not federal DoD policy trumps state law, I guess that this is the fundamental question here.

        From the same source ([url]http://usmilitary.about.com/od/armyjoin/a/criminal.htm):[/url] "...adverse dispositions for what the Army considers to be a misdemeanor offense require a waiver."

        Among the "misdemeanor offenses:"
        - Carrying of weapon on school grounds (Note: The Army classifies this as a serious offense, even if charged/convicted as a misdemeanor.
        - Domestic battery/violence, not considered Lautenburg Amendment (Note: The Army classifies this as a serious offense, even if charged/convicted as a misdemeanor. See below for Lautenburg Amendment Definition).
        - Driving while drugged or intoxicated, or driving while ability impaired (Note: The Army classifies this as a serious offense, even if charged/convicted as a misdemeanor.).

        So, this source states that the Army can classify something as more severe. Question still remains if it can consider something [U]less [/U]severe.

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        • #5
          Have a military friend called JAG to inquire :)

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          • #6
            [QUOTE=WO1 Quinones]What state are you in now? When I was a Marine stationed at Quantico, VA, I got a speeding ticket in Fairfax county. When I applied for law enforcement, I have to find a copy of the ticket's final status. It was a moving violation; not reckless driving. You have to find out how that came up. Go to the county's courthouse and get it fixed. You have to do the legwork if you want to get back in. Plain and simple. I havent had a moving violation since 98. Wow lol[/QUOTE]

            It was misdemeanor reckless driving, $200 fine. Paid and taken care of.

            I'll have to call and see if there's any way to get it reduced, but short of that, looks like I'm in a tough spot.

            Expungement in Virginia only counts if it wasn't you or you were innocent (two things I can't prove).

            Lesson to young guys out there, don't speed if you're late to the airport!

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            • #7
              wow 8 years ago its a hard thing to do. Where do you live at now?

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              • #8
                [QUOTE=WO1 Quinones]wow 8 years ago its a hard thing to do. Where do you live at now?[/QUOTE]

                Maryland; I can make the trip if there's something that I can actually do. I can see the ticket online, that's how I know it was $200.

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                • #9
                  [QUOTE=WO1 Quinones]Have a military friend called JAG to inquire :)[/QUOTE]

                  Nice. Just wrote an e-mail to an old Fraternity brother who is JAG in Kuwait right now (was deployed last week on his birthday with 8 hours notice). We'll see who's quicker...

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                  • #10
                    lol ok the debate has started

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                    • #11
                      [QUOTE=WO1 Quinones]lol ok the debate has started[/QUOTE]
                      Who will be the master debater???!!:eek: :eek:

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                      • #12
                        Oh thats me. Even when its coming in on a regular basis thats a given 3-4 times a day.

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                        • #13
                          Fairfax County

                          [QUOTE=WO1 Quinones]What state are you in now? When I was a Marine stationed at Quantico, VA, I got a speeding ticket in Fairfax county. When I applied for law enforcement, I have to find a copy of the ticket's final status. It was a moving violation; not reckless driving. You have to find out how that came up. Go to the county's courthouse and get it fixed. You have to do the legwork if you want to get back in. Plain and simple. I havent had a moving violation since 98. Wow lol[/QUOTE]

                          Chief, you got ticketed in Fairfax County? Small world. I love Fairfax County cops (and I am not being sarcastic). VA State troopers on the other hand...

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                          • #14
                            [QUOTE=WO1 Quinones]What state are you in now? When I was a Marine stationed at Quantico, VA, I got a speeding ticket in Fairfax county. When I applied for law enforcement, I have to find a copy of the ticket's final status. It was a moving violation; not reckless driving. You have to find out how that came up. Go to the county's courthouse and get it fixed. You have to do the legwork if you want to get back in. Plain and simple. I havent had a moving violation since 98. Wow lol[/QUOTE]

                            Watch out Chief... the minute you say stuff like that it happens again.... Moving violations here we come......

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                            • #15
                              Just to update, the Army considers this a minor non-traffic (since fine was less than $300), so it does not require a waiver.

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