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Old Oct 21, 2008, 8:41 pm
  #1  
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Passports and felony's

I just found out that in AZ getting a speeding ticket for exceeding the posted speed limit by 20mph is a felony.

No, I didnt get one but a call came into my GF's law office and the caller was wondering if its worth hiring an atty to plea down ( i would).

If you had one of these felony's on your record would that negate your passport or would it prevent you from ever getting one again?
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Old Oct 21, 2008, 8:51 pm
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Unless the terms of probation prohibit international travel, I don't know of any reasons why a felon would not be able to get a passport.
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Old Oct 21, 2008, 9:06 pm
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Originally Posted by Lufthomie
I just found out that in AZ getting a speeding ticket for exceeding the posted speed limit by 20mph is a felony. ><snip><
I call shenanigans!

No way is a 20 MPH speed violation a felony.
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Old Oct 21, 2008, 9:37 pm
  #4  
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Although a felon could qualify for a passport, save for a few exceptions, another country could refuse admittance to someone convicted of a felony, if, for example, the receiving country deemed the felony to show adverse moral character for admission. Several FT threads have discussed Canada refusing admission to U.S. felons even when the felony conviction occurred years ago. See: http://www.flyertalk.com/forum/showthread.php?t=673580
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Old Oct 21, 2008, 11:22 pm
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Originally Posted by Top Tier
I call shenanigans!

No way is a 20 MPH speed violation a felony.
In Virginia, 20+ MPH over is Reckless Driving, which depending on the situation can be either a felony or a misdemeanor. Additionally, speeding over 100 MPH (if I remember correctly) can be prosecuted as Felony Driving With Intent to Kill.

Reckless Driving (Felony or Misdemeanor)

Reckless driving - speeding in excess of 80 mph (11 years)
Reckless driving - speeding 20 mph or more above the posted speed limit (11 years)
Reckless driving - racing (11 years)
Reckless driving - passing or overtaking an emergency vehicle (11 years)
Reckless driving - passing a school bus (11 years)
Reckless driving - passing on the crest of a hill (11 years)
Reckless driving - passing at a railroad crossing (11 years)
Reckless driving - passing two vehicles abreast (11 years)
Reckless driving - driving two vehicles abreast (11 years)
Reckless driving - driving too fast for conditions (11 years)
Reckless driving - failing to give a proper signal (11 years)
Reckless driving - faulty brakes/improper control (11 years)
Reckless driving - on parking lots, etc. (11 years)
Reckless driving - with an obstructed view (11 years)
Reckless driving - generally (11 years)
Speeding 20 mph or more above the posted speed limit (5 years)
http://www.dmv.state.va.us/webdoc/ci...s/points_6.asp
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Old Oct 21, 2008, 11:27 pm
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Of course, I've always wondered how another country would find out about someone's felony convictions. Do the US- Canadian databases talk to each other? Isn't that against data-sharing laws? Or is it allowed?
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Old Oct 22, 2008, 12:33 am
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Originally Posted by fnothaft
In Virginia, 20+ MPH over is Reckless Driving, which depending on the situation can be either a felony or a misdemeanor. Additionally, speeding over 100 MPH (if I remember correctly) can be prosecuted as Felony Driving With Intent to Kill.
http://www.dmv.state.va.us/webdoc/ci...s/points_6.asp
Back east I can believe it, some of those states have some harsh speed laws.
11 years for a reckless driving ticket, that's crazy harsh.
I heard you guys in VA got a bunch of new surcharges that can make violations crazy expensive too.

In AZ, if you "Exceed the posted speed limit in a business or residential district by more than twenty miles per hour", or if you "exceed eighty-five miles per hour in other locations", it's "a class 3 misdemeanor"

I'm pretty sure even if you murder somebody you can still have a passport when you get out. I think you have to be convicted of treason or espionage or something to permanently lose your right to a passport. Assuming we're talking about a natural born citizen of course.

Last edited by Top Tier; Oct 22, 2008 at 12:38 am Reason: add emoticons
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Old Oct 22, 2008, 2:29 am
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Originally Posted by aep
Of course, I've always wondered how another country would find out about someone's felony convictions. Do the US- Canadian databases talk to each other? Isn't that against data-sharing laws? Or is it allowed?
Criminal convictions are public records; in most cases the records are available to anyone who asks. Google "background check", type in someone's name, and pay $10 or so.

As I understand it visa-waiver countries are also integrated with some sort of database (to track down stolen passports and the like). And generally, if you apply for a visa, they will do a background check in your home country.

Of course none of this is perfect. Legally, you're supposed to declare your criminal history on most customs forms, with harsh penalties if you don't. In practice, I'd imagine some people lie on the form and never get caught.
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Old Oct 22, 2008, 3:10 am
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Originally Posted by Lufthomie
I just found out that in AZ getting a speeding ticket for exceeding the posted speed limit by 20mph is a felony.
As others have said, it's not a felony.

I believe the correct interpretation is that excessive speed becomes criminal (which is what a class 3 misdemeanor is) and you're far less likely to drive away with merely a civil citation. You'll be required to appear in court and can't simply pay your fine and/or attend traffic school ahead of time.
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Old Oct 22, 2008, 7:13 am
  #10  
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What a can a worms I've opened up in my house.
After showing my GF these posts she is sure that their is a statute for felony speeding.

She's going to ask her atty today where it falls under. Ms Perriot Mason doesnt believe FT'ers know the law like she does, I'll have to go with the FT'ers.

When asked to provide the statute for the felony speeding, she googled, oogled and schmoogled everything she could but to no avail.

This is going to be fun
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Old Oct 22, 2008, 8:09 am
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Originally Posted by fnothaft
In Virginia, 20+ MPH over is Reckless Driving, which depending on the situation can be either a felony or a misdemeanor. Additionally, speeding over 100 MPH (if I remember correctly) can be prosecuted as Felony Driving With Intent to Kill.
Is driving over 100mph prima facie evidence of an intent to kill? If it is, then I guess any police pursuit over 100mph is a use of lethal force.

Those murderous Germans and NASCAR drivers.
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Old Oct 22, 2008, 8:23 am
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Originally Posted by Top Tier
11 years for a reckless driving ticket, that's crazy harsh.
Just to be clear, that's not a prison term - it's just the amount of time that the points stay on the license. I had to look it up - 11 years sounded pretty significant for speeding!
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Old Oct 22, 2008, 8:31 am
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Originally Posted by ralfp
Is driving over 100mph prima facie evidence of an intent to kill?
I'd say it's prima facie evidence of a statesman who wishes to express his strong disapproval of a particular behaviour but lacks the eloquence to do so without resort to hyperbole.
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Old Oct 22, 2008, 1:10 pm
  #14  
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Just received word from Perryette Mason that her atty informed her their is no such speeding felony in AZ.

It seems my fellow FT'ers are truly a reliable source of information and I will razz her when we get home tonight.
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Old Oct 22, 2008, 1:14 pm
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Originally Posted by Lufthomie
Just received word from Perryette Mason
Perry"ette" Mason. That's funny
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