Hiya. Was directed over here via Reddit, any help would be appreciated because I feel quite stuck.

To try and make a long story as short as I can:

In early March, I left the UK to go stay with my partner in the US. Over the course of my visit, we decided after years together it was time to settle down and live in one place. We got married and I started a green card application - I'm still in the US now, awaiting its approval.

Unfortunately, it seems immediately before leaving the UK, a speeding offence occurred. I have to imagine it was me, as I do recognise the drive that the speeding apparently occurred in (heading to cinema), but I do not recall the offence in question nor being caught by any cameras (for clarification, going 70 on a 60).

As I left the UK before receiving the notice, I missed the written prompt to give information about this incident. For more bad luck, it turned out my step-father decided to hide further prompts I was sent.

The reason for this is because my mother and he, shortly after my leaving the UK, started in the process of a fairly messy divorce. Maybe because I wasn't there to make him feel guilty, he has acted in the most soulless and heavy-handed way possible - she has been locked out of the house, it has been a struggle for her to get any of her possessions from him, and any attempt to correspond with him he calls 'harassment' and threatens to call the police. Proceedings are on-going and she is staying with family, so she is doing alright. Part of my step-father's dickery now appears to have included hiding our post from us - only now, many months later, is my mother receiving the backlog of police requests regarding my apparent offence. Now, as it has been so long since they did so, I am being fined 816 pounds.

Most of my savings has gone towards this green card application, and the letters regarding this suggest a warrant for my arrest may be called - I am terrified of this, as an open warrant in my home country would likely invalidate my visa. I have tried to correspond via email, but after being asked if I declared myself guilty or not guilty before further communication could occur (I said not guilty, as I had no way of knowing I had committed this offence), no further messages have been sent to me. I have attempted to prompt them several times this week, to no avail. I want to be proactive and do whatever I can to avoid what i feel is a totally unjust fine. If anyone can help me, it would be greatly appreciated.

Thanks

Are you coming back to the UK? AFAIK, you'll not be able to make an SD without being here.

I was planning on returning around Christmas time - unfortunately, I neither particularly have the money for a last-minute flight nor can I afford to have my green card application automatically declined (it's considered 'abandoned' if I leave the country while it's ongoing).

You can make an SD overseas, Southpaw82 (admin in here) has given the advice before, I believe most UK consulates can do it but I’m sure SP will come along soon and give the full details.

I stand corrected.

The point about making a statutory declaration is that it sets aside the conviction and the sentence arising from it, provided that it is made within 21 days of you learning of the court hearing. The court may extend this time and your absence in the USA sounds like a good reason for them to do so, but you do need to progress this. The case will then return to court and you will have to attempt to negotiate the dropping of the s,172 offence in return for a guilty plea to the speeding while overseas. You should also be able to persuade a court to sentence you at the fixed penalty rate of £100 + 3 points.

Just swear the declaration in front of a person authorised to take oaths in the state you’re in - which is probably everyone and their dog, considering the number of notaries public in the US.