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View Full Version : Can bench warrant for traffic ticket nullify clearance?



porsche911
02-10-2010, 01:55 AM
i have a bench warrant for a ticket that i received out of state. it was a traffic ticket for exceeding max speed by 10mph. i didn't take care of it--i just let it go figuring i'd rather just not drive in that state anymore. i only drove through the state for vacation--i don't intend to go back there again. they sent me letter after letter which i ignored, then they said there was a bench warrant for my arrest.

i am currently putting in an sf86 packet for clearance. i'm applying to be a ci agent. will this affect whether or not a get a clearance if i disclose this fact in my application?

ChiefB
02-10-2010, 03:03 AM
i have a bench warrant for a ticket that i received out of state. it was a traffic ticket for exceeding max speed by 10mph. i didn't take care of it--i just let it go figuring i'd rather just not drive in that state anymore. i only drove through the state for vacation--i don't intend to go back there again. they sent me letter after letter which i ignored, then they said there was a bench warrant for my arrest.

i am currently putting in an sf86 packet for clearance. i'm applying to be a ci agent. will this affect whether or not a get a clearance if i disclose this fact in my application?

It will be seen as deception if you don't and that could cost you big time.

You know the little line at the end of your application that says "I affirm that all information on this application is true and complete, to the best of my knowledge"?
Well, if you omit this known warrant, then it is a false statement, a UCMJ offense.

Best thing you could do is to pay/clear the ticket and be truthful in your subsequent application.

Just sayin'.

ChiefB

porsche911
02-10-2010, 03:24 AM
chief b, what if i admit to it in my packet, but do not pay off the ticket? it's is an expensive ticket and i cannot afford to pay it. the location of my ticket was in a county of 100 people, whose primary income comes from a speed trap in a 1/10th of a mile stretch of highway where i got caught speeding 5 miles or so over the speed limit. when i found out about this infamous speed trap, i decided not to pay it out of principle, and also because i have no intention of going to this state again.

if i admit it, i am not hiding anything, but if i pay for it i'm losing a lot of money for what was once a simple speeding ticket with a fine associated with it

ChiefB
02-10-2010, 04:06 AM
chief b, what if i admit to it in my packet, but do not pay off the ticket? it's is an expensive ticket and i cannot afford to pay it. the location of my ticket was in a county of 100 people, whose primary income comes from a speed trap in a 1/10th of a mile stretch of highway where i got caught speeding 5 miles or so over the speed limit. when i found out about this infamous speed trap, i decided not to pay it out of principle, and also because i have no intention of going to this state again.

if i admit it, i am not hiding anything, but if i pay for it i'm losing a lot of money for what was once a simple speeding ticket with a fine associated with it

911-- you have made a couple of immature decisions here and now you are subject to arrest. If your application contains that you are under an outstanding warrant for arrest, then you are admitting to a quasi-crime or infraction --- failure to appear.

"Typically, an infraction is a violation of a rule or local ordinance (http://www.militarytimes.com/wiki/Local_ordinance) or regulation
Some refer to an infraction as quasi-criminal, because conviction for an infraction is generally not associated with the loss of liberty, and are often considered civil cases (http://www.militarytimes.com/wiki/Civil_case). Nonetheless, in the United States (http://www.militarytimes.com/wiki/United_States), most infractions are indeed violations of statutory law, but in differing with criminal law where the burden of proof (http://www.militarytimes.com/wiki/Burden_of_proof) is Beyond a Reasonable Doubt, the standard for the civil infraction differs from jurisdiction to jurisdiction, some jurisdictions require proof beyond a reasonable doubt while others may only require proof by a preponderance of evidence."

Your signing of the ticket most assuredly contained a statement that in lieu of paying the ticket that you "promised to appear" before a tribunal/judge in the County of the infraction.

"Where the conduct alleged in the summons or complaint (http://www.militarytimes.com/wiki/Complaint) is an infraction (http://www.militarytimes.com/wiki/Infraction) or summary offense (http://www.militarytimes.com/wiki/Summary_offence), failure to appear is a crime (http://www.militarytimes.com/wiki/Crime) for which a bench-warrant (http://www.militarytimes.com/wiki/Bench-warrant) can be issued if the defendant promised to appear."

You will not be given a security clearance while subject to a bench warrant for arrest.

The way is clear... pay the fine, even if you have to borrow the money and slow that Porsche 911 down. (I have a 911S and feel your pain, I got a ticket in Holland for doing 136MPH in a 120KPH zone. Cost me $1580 American smackers:eek: .)

It's your money or your career.

Do not get clever here, you could wind up in big trouble.

Do the RIGHT thing! Then let me know how everything went, okay?

Good luck.:)

ChiefB

MSMUROTC
02-10-2010, 05:10 AM
You don't just get the choice to disobey laws on principle without penalty, Muhammad Ali. If you want "B" the admission price to that future is to take care of "A". That's life.

Just pay the ticket and move on with your life. Is it really worth it to have it hanging over your head?

I guarantee like everyone else (myself included) you waste money -- on a too-expensive cell plan, cable plan, drinking when you go out, strippers, etc. this ticket can't be more than a couple hundred bucks. just pay it off.

INGUARD
02-10-2010, 07:09 AM
i have a bench warrant for a ticket that i received out of state. it was a traffic ticket for exceeding max speed by 10mph. i didn't take care of it--i just let it go figuring i'd rather just not drive in that state anymore. i only drove through the state for vacation--i don't intend to go back there again. they sent me letter after letter which i ignored, then they said there was a bench warrant for my arrest.

i am currently putting in an sf86 packet for clearance. i'm applying to be a ci agent. will this affect whether or not a get a clearance if i disclose this fact in my application?

For the same situation to become a COP or get a top secret clearance, you should have everything paid for and closed. The investigating officer will see this and not recommend you.

If this is not taken care of; you will not get a clearance. A clearance is approved based on you having the responsibility of your financial and personal matters. But yes, clearances have been granted for people with past personal problems.

Do the right thing; regardless and pay it off. Many states will work with a payment plan. I hope you learned your lesson on being a responsible driver. As a former cop; that speed trap excuse is old and tiring.

Good luck.

MCGYVER
02-10-2010, 07:51 AM
No. ..............................

TJMAC77SP
02-10-2010, 08:37 AM
Actually if you have an active bench warrant you are in bigger trouble than paying off an expensive ticket. If you get stopped for ANYTHING, ANYWHERE you run the risk of arrest if the warrant pops up on the license check (it will, eventually).

As to the clearance, although I would argue with exactly how some have said it, the advice here is valid. There is a very good chance you will not receive ANY clearance, never mind be accepted for CI work with that hanging over your head.

BTW: You need to STOP IMMEDIATELY any thought of not discolosing the ticket. As I said, it will show up on a computer check and that is exactly the first step in a personnel security investigation.

kenny10
02-10-2010, 10:52 AM
chief b, what if i admit to it in my packet, but do not pay off the ticket? it's is an expensive ticket and i cannot afford to pay it. the location of my ticket was in a county of 100 people, whose primary income comes from a speed trap in a 1/10th of a mile stretch of highway where i got caught speeding 5 miles or so over the speed limit. when i found out about this infamous speed trap, i decided not to pay it out of principle, and also because i have no intention of going to this state again.

if i admit it, i am not hiding anything, but if i pay for it i'm losing a lot of money for what was once a simple speeding ticket with a fine associated with it

where did you get pulled over?

MCGYVER
02-10-2010, 12:36 PM
If you disclose it you will not be affected by it at all for a clearance. Think about how many people would lose their clearances army (actually DOD) wide that cost thousands of dollars each to complete for a stupid speeding ticket. The military does some dumb shit sometimes but never anything this stupid.

TJMAC77SP
02-10-2010, 12:56 PM
You WILL be affected by a frapping bench warrant issued for your ARREST.

Jesus Christ folks. If you are a plumber then plumb.

Seasons
02-10-2010, 08:03 PM
If you disclose it you will not be affected by it at all for a clearance. Think about how many people would lose their clearances army (actually DOD) wide that cost thousands of dollars each to complete for a stupid speeding ticket. The military does some dumb shit sometimes but never anything this stupid.

Like TJ said.

A warrant for *arrest* is going to seriously hurt your clearance chances.

JD2780
02-10-2010, 08:33 PM
One word, Integrity

SailorDave
02-10-2010, 09:57 PM
Another issue. If that state reports it to the state you have your license, that state may get your current license revoked. I had it happen to me. I had a ticket in D.C. and forgot about it. Two years later, I was renewing my FL license and it showed up.

Also, I have a TS/SCI and it has not affected my clearance. When in doubt, disclose. Otherwise, you're actively hiding something and that makes you untrustworthy. If you'll do that for a minor traffic incident, what will you do for something major ?

MCGYVER
02-10-2010, 11:52 PM
Sailor Dave, so you can verify (like I stated) that it does not affect your clearance? Exaaaaaactly.

SailorDave
02-11-2010, 12:32 AM
Sailor Dave, so you can verify (like I stated) that it does not affect your clearance? Exaaaaaactly.

I can certainly verify it will affect him if he doesn't get it taken care of. A simple background check through NCIC will catch the open warrant. If he pays it and discloses it, it should have little, if any, impact. Of course, who knows how an adjudicator feels on any given day.

chucksnee
02-11-2010, 09:32 AM
Sailor Dave, so you can verify (like I stated) that it does not affect your clearance? Exaaaaaactly.

It will not affect his current already established clearance....until it is time to re-cert....and if he has already told on hisself, then there should be no problem....but even though he has told on hisself, he will still be asked about it....at re-cert time....

As for getting an initial clearance, that bench warrant will come into play....and if he has not cleared it up...and disclosed it....they will/should arrest him on the spot....

TJMAC77SP
02-11-2010, 09:55 AM
Sailor Dave, so you can verify (like I stated) that it does not affect your clearance? Exaaaaaactly.

He said having the ticket has not affected his clearance...........not what you said...........

Next !!

BTW: If Dave's ticket was under $300 (the fine that is) it wasn't reportable UNLESSS there was a “summons, citation, or ticket to appear in court in a criminal proceeding “ That would be the bench warrant for those not paying attention.

golfer55
02-15-2010, 06:44 AM
For the same situation to become a COP or get a top secret clearance, you should have everything paid for and closed. The investigating officer will see this and not recommend you.

If this is not taken care of; you will not get a clearance. A clearance is approved based on you having the responsibility of your financial and personal matters. But yes, clearances have been granted for people with past personal problems.

Do the right thing; regardless and pay it off. Many states will work with a payment plan. I hope you learned your lesson on being a responsible driver. As a former cop; that speed trap excuse is old and tiring.

Good luck.

Actually the I/O only collects facts and information. That person has nothing to due with "recommendations". Your service adjudicator will handle that portion. Listen as long as you are honest and take care of it PRONTO it shouldn't be an issue. They look and all the facts and the severity of the case.

INGUARD
02-15-2010, 07:09 AM
Actually the I/O only collects facts and information. That person has nothing to due with "recommendations". Your service adjudicator will handle that portion. Listen as long as you are honest and take care of it PRONTO it shouldn't be an issue. They look and all the facts and the severity of the case.


You are right. The adjudicator has the final say in that. I should have been more specific. But the I/O does put his findings in his report and informs the applicant what needs to be done during the course of the investigate (e.g. show proof that debt has been paid off).

But depending on the type of clearance; an applicant joining the service doesnt go through an in-depth process for (let's say) someone trying to get into the Border Patrol.

I know since I have been investigated so many times due to various positions that I held.