ian-mstm

The "without due care" was the driving offense... not the Council issue. That is the quote you responded to. Perhaps you need to read what the OP actually wrote.

Ian

lansbury

It is a moving traffic violation. All the ones I have prosecuted have been in traffic court and never went anywhere near the CPS. You don't get arrested the matter is dealt with by process for a summons to appear in a traffic court at the local Magistrates Court.

hungryhorace

No, it wasn't. I was calling the person referenced in the Daily Mail story as not very bright.

hungryhorace

I did. I replied to this specific point from Iansbury:

"Without due care etc isn't a criminal conviction."

Sorry, but that is just entirely incorrect. The offence is covered under (section 2) the Road Traffic Act 1991, which is prosecuted by the CPS under criminal statue.

daniel.thomas10

Hi Ian: from my under standing you are considered some what of a expert on these boards and have help more people with visa than I have had hot meal.

Where do you think my wife stands (should I find her missing visa)

Is she save to travel on the old one?
But as hungry says my wife does have a arrest for CIMT, could they turn her away at the gates of Florida.

hungryhorace

So? Does that make it any less criminal? No.

So? An allegation of a criminal offence has still been made, which the court has issued a summons for you to appear to answer. Stating that the matter isn't criminal is plain wrong.

I wish you wouldn't use this 'traffic court' reference. We're both aware there is no such thing.

hungryhorace

The visa is still valid, unless the US authorities cancel it. Personally, I would travel on it and declare the arrest IF asked.

To answer your last point, yes, they could turn her away. A visa just gives you the right to appear to be considered for entry.

daniel.thomas10

Hi hungry, sorry I must have misread,
Please accept my apology

hungryhorace

No worries

ian-mstm

I believe she is, yes.


That would certainly be an issue if she was having to complete ESTA as part of travel on the Visa Waiver Program (VWP), but she's not... she has a valid visa.


Could they? Yes... they can turn anyone away. Is it likely to happen? No.

Here's one of the things you need to understand about questioning by the CBP officer at the port of entry: you are not obligated to volunteer any information not specifically asked about. If the officer specifically asks (when speaking directly to your wife, not when speaking to you) whether or not she has committed a CIMT she needs to tell her side of the story. If the officer doesn't ask, she's not obligated to say anything... and it would be very rare, indeed, for him to ask such a question.

I will ask though, since it's not yet been mentioned... but why does your wife have a B-2 visa? What's the reason?

Ian

daniel.thomas10

She was caught drink driving 12 years ago... She was 18 and was over the limit.
6 month ban and a small fine

lansbury

I not aware of that at all. I've been in the Traffic Court at Willesden, Brent and Hendon Magistrates Courts. Wonder how I did that if there was no such thing.

lansbury

Thank you RTA = not a criminal offence, with the exception of the death by offences.

Dangerous cycling is a RTA offence, as is speeding so you would claim they are criminal offences then?

Without due care is a moving traffic violation the record of which is recorded at DVLA and has the code CD10 in the endorsement section of the driving licence.

hungryhorace

Exactly. It's a mags court that holds a day every week or so solely for traffic cases.

Though it appears that the gvt is trialling dedicated traffic courts: http://www.telegraph.co.uk/news/ukne...-offences.html - I wasn't aware of these so may have to eat humble pie if that is to what you were referring.

hungryhorace

Yes, absolutely it is. Just because it's not a RECORDABLE offence, doesn't mean it's not a criminal offence.

If it wasn't a criminal offence, why would the CPS / Police enforce the law surrounding it?