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reckless driving misdemeanor and marrying Canadian

reckless driving misdemeanor and marrying Canadian

Old Dec 5th 2008, 1:24 pm
  #16  
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Default Re: reckless driving misdemeanor and marrying Canadian

Ron, please check your pm.

Originally Posted by Ron Liberman
Dear expatexpat,

Send me a PM and I will try to help you.
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Old Dec 10th 2008, 7:18 pm
  #17  
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Default Re: reckless driving misdemeanor and marrying Canadian

From what I have learned through some research:
Reckless driving is not a listed criminal offence in Canada. However, there are 2 similar offences: "Careless Driving" & "Dangerous Driving"

If reckless driving is viewed as careless driving, then it is a provincial offence. If it is viewed as "dangerous driving section 249 (1)(a)" then that is a federal crime and would require rehabilitation.

I also have a question related to this.

8 years ago, I was pulled over and got a ticket with 2 counts:

1) Unsafe Speed (22350 VC) (infraction)
2) Reckless Driving (23103(a) VC) (misdemeanor)

I went to court with my attorney, the judge DISMISSED the 'reckless driving count' and replaced it with a made-up minor infraction (Follow too close 21703 VC)

So, when I electronically pull this case from court website, it shows 3 counts total, but of course with 'reckless driving = dismissed'

Do we ever need to disclose our dismissed charged to CIC? (for example in PR application, or interviews etc)
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Old Dec 11th 2008, 4:33 am
  #18  
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Default Re: reckless driving misdemeanor and marrying Canadian

Yes, and the best option is always to be honest and forthright.
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Old Dec 11th 2008, 10:23 am
  #19  
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Default Re: reckless driving misdemeanor and marrying Canadian

I agree about honesty, however, I do believe that disclosing unrequired additional information, then what you are asked for, might not be a good idea.

The only place where this question is asked is on: CIC form Schedule 1 (Background / Declaration)

9. have you been convicted of, or are you currently charged with, on trial for, or party to a crime or offence, or subject of any criminal proceedings in any country?

"charged with a crime" or "charged with an offence"

To be "charged" means a prosecuting agency has decided to file a criminal offence against you.




1) Are infractions, such as traffic violations (speeding, passing a red light, making an illegal u-turn etc), considered crimes worth describing in this form?

2) Does everybody who applies for PR disclose their speeding tickets that occurred 8 years ago?

3) Doesn't "DISMISSED" mean "NOT GUILTY" ? (makes admissible)
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Old Dec 11th 2008, 1:22 pm
  #20  
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Default Re: reckless driving misdemeanor and marrying Canadian

The main issue here would be if you were asked questions in an interview, and you then have to answer honestly, or face being barred for 2 years for misrepresentation.

You are not being asked to disclose minor traffic contraventions on the Schedule 1 Form, and there is indeed no obligation to disclose them - however you can always answer the question "No" if you wish, and then state that you have speeding tickets etc. I doubt most people do that.

Regarding 3): yes, if the charges were dismissed, in most circumstances that is even better than being acquitted. So if it is going to appear on a police report, why not disclose it? That way you get credit for being honest, and "following too close" is not going to be a negative factor for your application anyway.

Last edited by Ron Liberman; Dec 11th 2008 at 1:24 pm.
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Old Jan 12th 2009, 2:56 am
  #21  
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Default Re: reckless driving misdemeanor and marrying Canadian

H, I don't know if you might be able to give me some advice. My GF and I are in Canada and going to apply via the NB PNP: we already have an outstanding PR application in and will withdraw this when our PNP application is confirmed.

Got my poice certificate today only to find that an old driving conviction I had forgotten about appears on it. I was 20 at the time and reversed into a parked car. Assuming no damage I drove off. Long story short, somebody reported me and eventually had to go to court and was convicted of:

1. Failing to stop after an accident
2. Driving without due car and attention
3. Failing to report an accident

I was fined £105 and endorsed with 5/6 point (I don't remember). Any idea what, if anything, I need to do with this situation? It was 7 years ago, so can be spent/rehabilitated if necessary.

I don't know if these class as 'criminal' charges, and it was all processed under the guise of driving infraction.

Any advice is welcome!

Thanks,

Ben

Originally Posted by Ron Liberman
The main issue here would be if you were asked questions in an interview, and you then have to answer honestly, or face being barred for 2 years for misrepresentation.

You are not being asked to disclose minor traffic contraventions on the Schedule 1 Form, and there is indeed no obligation to disclose them - however you can always answer the question "No" if you wish, and then state that you have speeding tickets etc. I doubt most people do that.

Regarding 3): yes, if the charges were dismissed, in most circumstances that is even better than being acquitted. So if it is going to appear on a police report, why not disclose it? That way you get credit for being honest, and "following too close" is not going to be a negative factor for your application anyway.
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Old Jan 12th 2009, 4:35 am
  #22  
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Default Re: reckless driving misdemeanor and marrying Canadian

Yes, these are treated as criminal charges, but it seems likely they can be overcome and you will be able to become permanent residents notwithstanding.
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Old Jan 12th 2009, 8:28 am
  #23  
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Default Re: reckless driving misdemeanor and marrying Canadian

Originally Posted by Ron Liberman
Yes, these are treated as criminal charges, but it seems likely they can be overcome and you will be able to become permanent residents notwithstanding.
Thanks. Would these be 'deemed rehabilitated' due to time passing? If not, what would I need to do?

Cheers
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Old Jan 12th 2009, 9:01 am
  #24  
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Default Re: reckless driving misdemeanor and marrying Canadian

You wrote that you were a permanent resident before, would it be possible to travel as a visitor to Canada and resume your residency?
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Old Jan 12th 2009, 10:36 am
  #25  
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Default Re: reckless driving misdemeanor and marrying Canadian

To clarify, we have a PR application submitted and are currently in Canada on temp permits until Nov 2010. Nothing came up regarding this during the permit application we went through July/August 08.

We are going to withdraw PR app and go via NB PNP, which should be much quicker.

Need to get this issue sorted before we can do that though. Really annoyed as I didn't even think it would appear, assuming it was a driving and not criminal matter.

Ben

Originally Posted by 9jaBritCan
You wrote that you were a permanent resident before, would it be possible to travel as a visitor to Canada and resume your residency?
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