British Expats

British Expats (https://britishexpats.com/forum/)
-   Immigration & Citizenship (Canada) (https://britishexpats.com/forum/immigration-citizenship-canada-33/)
-   -   Careless Driving Conviction, advice please (https://britishexpats.com/forum/immigration-citizenship-canada-33/careless-driving-conviction-advice-please-360939/)

devsupport Mar 13th 2006 12:57 pm

Careless Driving Conviction, advice please
 
I was found guilty of careless driving after an accident 9 years ago. I am currently filling in my PR forms and am wondering what information about this I need to supply with my application. I received a £80 fine and 3 penalty points for the offence.

Thanks in advance,

Andrew

robwrx Mar 13th 2006 1:56 pm

Re: Careless Driving Conviction, advice please
 

Originally Posted by devsupport
I was found guilty of careless driving after an accident 9 years ago. I am currently filling in my PR forms and am wondering what information about this I need to supply with my application. I received a £80 fine and 3 penalty points for the offence.

Thanks in advance,

Andrew

I dont think I would declare that. It is just a motoring offence after all.They are looking for more serious stuff than that I think.

Rob

lace Mar 13th 2006 4:24 pm

Re: Careless Driving Conviction, advice please
 

Originally Posted by devsupport
I was found guilty of careless driving after an accident 9 years ago. I am currently filling in my PR forms and am wondering what information about this I need to supply with my application. I received a £80 fine and 3 penalty points for the offence.

Thanks in advance,

Andrew


Supply them with as much info as u can i.e. date, fine etc. as this will come up on your police report, so best not to hold anything back..

apfairhurst Mar 13th 2006 7:12 pm

Re: Careless Driving Conviction, advice please
 

Originally Posted by devsupport
I was found guilty of careless driving after an accident 9 years ago. I am currently filling in my PR forms and am wondering what information about this I need to supply with my application. I received a £80 fine and 3 penalty points for the offence.

Thanks in advance,

Andrew

I agree with Lace. Declare it and let them be the judge. If you do not, they could hold it against you.

kt0157 Mar 13th 2006 8:34 pm

Re: Careless Driving Conviction, advice please
 

Originally Posted by robwrx
I dont think I would declare that. It is just a motoring offence after all.They are looking for more serious stuff than that I think.

Yeah, causing death by reckless driving, driving while under the influence, reckless driving, all just motoring offences. Not worth mentioning.. until your police report gets attached and they say "why did you lie to us about convictions?" and throw your application into the bin.

Alternatively, anyone with a conviction (i.e. guilt determined by a court) should declare it, no matter how minor. What goes as minor in this country doesn't necessarily count as minor in Canada. DUI convictions are treated pretty seriously in Canada, much more so than in (for example) the US. Yet I'm willing to bet anyone convicted for the Nu Labour crime of reading out names of dead soldiers at the Cenotaph wouldn't be treated as a criminal by the Canadian authorities.

K.

MarkG Mar 13th 2006 9:02 pm

Re: Careless Driving Conviction, advice please
 

Yeah, causing death by reckless driving, driving while under the influence, reckless driving, all just motoring offences.
Except, of course, most of those are classed as true criminal offences in the UK and will give you a criminal record rather than just a slapped wrist. Speeding, reckless driving and other such motoring offences aren't.

However, reckless driving could be fairly serious, so I'd probably declare it on the form if I was in that situation.

devsupport Mar 13th 2006 9:16 pm

Re: Careless Driving Conviction, advice please
 

Originally Posted by MarkG
Except, of course, most of those are classed as true criminal offences in the UK and will give you a criminal record rather than just a slapped wrist. Speeding, reckless driving and other such motoring offences aren't.

However, reckless driving could be fairly serious, so I'd probably declare it on the form if I was in that situation.

The actual offence was "Driving without due care and attension" which from my research equates to an offence of the same name in Canada (or Ontario anyway). I have explained what happened on my form so lets hope the CIC see that I was an inexperianced driver (only 17) and I have had no other driving offences since. I guess I'll hear in about 4 years if they think it's serious or not ;)

Regards,

Andrew

kt0157 Mar 13th 2006 9:26 pm

Re: Careless Driving Conviction, advice please
 

Originally Posted by MarkG
Except, of course, most of those are classed as true criminal offences in the UK and will give you a criminal record rather than just a slapped wrist. Speeding, reckless driving and other such motoring offences aren't.

However, reckless driving could be fairly serious, so I'd probably declare it on the form if I was in that situation.

There's no such thing as a "criminal record". It's a meaningless term. A subject access report can include all kinds of "records" to do with "crimes". It includes reprimands, warnings, cautions, arrests, dates DNA samples were taken, "intelligence" reports, etc. But "convictions" (where guilt has been determined by a court) is what Canada is interested in. In the original post the words "found guilty" were used. This would indicate a conviction.

Anyhoo, it'll most likely turn up on the subject access report anyway, so not much point arguing about it.

In any case, just because you have convictions doesn't mean you can't get to Canada. There are guidelines on how serious the crime is based on how long you were sentenced to (and how long you would be sentenced to in Canada). Thus being jailed for 5 years in Iran for handing out copies of the Bible is unlikely to be a black mark against you.

K.

robwrx Mar 13th 2006 9:33 pm

Re: Careless Driving Conviction, advice please
 

Originally Posted by devsupport
The actual offence was "Driving without due care and attension" which from my research equates to an offence of the same name in Canada (or Ontario anyway). I have explained what happened on my form so lets hope the CIC see that I was an inexperianced driver (only 17) and I have had no other driving offences since. I guess I'll hear in about 4 years if they think it's serious or not ;)

Regards,

Andrew

You poor lad Andrew

Driving without due care and attention as a 17 year old as you say and not causing death etc.This lot have got you hung drawn and quartered already. You probably did right declaring it but I only stated that I would not have declared it.
No need for the lynch mob to get fired up.
Still, it stirs the pot during our long wait eh.

Hope it works out ok.

kt0157 Mar 13th 2006 9:46 pm

Re: Careless Driving Conviction, advice please
 

Originally Posted by robwrx
You poor lad Andrew

Driving without due care and attention as a 17 year old as you say and not causing death etc.This lot have got you hung drawn and quartered already. You probably did right declaring it but I only stated that I would not have declared it.
No need for the lynch mob to get fired up.
Still, it stirs the pot during our long wait eh.

Hope it works out ok.

Hey, I didn't want and hanging, or drawing, or even quartering! (OK, maybe a bit of quartering, can't resist quartering). For all I know the offence was driving through a puddle and splashing an old lady. Exactly the kind of top priority crime Nu Labour Police like to solve once all the golliwogs are taken out of shop windows.

My point was that it's only convictions that Canada is interested in and in most cases there's no point being economical with the truth because it will show up on the subject access report.

K.

lace Mar 13th 2006 9:50 pm

Re: Careless Driving Conviction, advice please
 

Originally Posted by robwrx
You poor lad Andrew

Driving without due care and attention as a 17 year old as you say and not causing death etc.This lot have got you hung drawn and quartered already. You probably did right declaring it but I only stated that I would not have declared it.
No need for the lynch mob to get fired up.
Still, it stirs the pot during our long wait eh.

Hope it works out ok.


Were not lynching him, were only telling him to state it now coz it will show up on his police report (speaking through experience here) we're not saying that stating it means hes not going to get to Canada. Anyway he says hes stating it and I for one think hes doing the right thing.

If someone dont declare an offence and later it comes up on Police Report how are they going to explain that?

Good luck Andrew, if this is your only problem then i dont think you need luck

devsupport Mar 13th 2006 9:55 pm

Re: Careless Driving Conviction, advice please
 

Originally Posted by lace
Were not lynching him, were only telling him to state it now coz it will show up on his police report (speaking through experience here) we're not saying that stating it means hes not going to get to Canada. Anyway he says hes stating it and I for one think hes doing the right thing.

If someone dont declare an offence and later it comes up on Police Report how are they going to explain that?

Good luck Andrew, if this is your only problem then i dont think you need luck

Thanks for all your words of support. Another quick question, I have had my police certificate back and it doesn't say anything on there about my driving misdemeanour. Do the CIC do further police checks down the line or is it only the background check they will carry out?

Regards,

Andrew

robwrx Mar 14th 2006 7:43 am

Re: Careless Driving Conviction, advice please
 

Originally Posted by devsupport
Thanks for all your words of support. Another quick question, I have had my police certificate back and it doesn't say anything on there about my driving misdemeanour. Do the CIC do further police checks down the line or is it only the background check they will carry out?

Regards,

Andrew

HEY, that's what donkeys eat isn't it?

Any comments I ever make on here are purely just to try and help people and not to try and score cheap points.
If you want to have a pop at me because you disagree with what I say that is a bit sad but if it makes you feel better, go ahead.

So chill out folks for god's sake. Get off yer soap boxes.
Turned the site into a political party broadcast now.

Good luck Andrew but I wont bother in future.

lace Mar 14th 2006 8:03 am

Re: Careless Driving Conviction, advice please
 

Originally Posted by devsupport
Thanks for all your words of support. Another quick question, I have had my police certificate back and it doesn't say anything on there about my driving misdemeanour. Do the CIC do further police checks down the line or is it only the background check they will carry out?

Regards,

Andrew

I think by the time they reach some peoples application the police reports are outdated so they ask for an updated one. Your lucky it not showing up on your report, my hubbys had a traffic offence back in 1985 and that came up on his, maybe things are different in Scotland.


All times are GMT. The time now is 9:41 am.

Powered by vBulletin: ©2000 - 2024, Jelsoft Enterprises Ltd.
Copyright © 2024 MH Sub I, LLC dba Internet Brands. All rights reserved. Use of this site indicates your consent to the Terms of Use.