Does Driving without Insurance constitute a criminal record?
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Author Topic: Does Driving without Insurance constitute a criminal record?  (Read 13694 times)
Alora72
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« on: September 04, 2009, 03:10:25 am »

I was caught driving without insurance in the Uk, paid a fine and got a 6 points on my license, does this constitute a criminal record and will I be refused entry to canada?
Pls do I need to disclose it when asked this question on the immigration form: 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 proceddings in any country? YES or NO.

Thank you,

Alora72
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goolash
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« Reply #1 on: September 07, 2009, 10:01:04 am »

"Driving without insurance is a serious offence which can result in an immediate disqualification from driving. A driving ban can often be in the region of 28 days but can also be substantially longer for repeat offences."

Of course it constitues a criminal offence, because it IS a criminal offence!

So yes you would have to declare it.
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PMM
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« Reply #2 on: September 07, 2009, 05:45:52 pm »

HI

"Driving without insurance is a serious offence which can result in an immediate disqualification from driving. A driving ban can often be in the region of 28 days but can also be substantially longer for repeat offences."

Of course it constitues a criminal offence, because it IS a criminal offence!

So yes you would have to declare it.

Not in Canada, it falls under the Provincial Motor Vehicle Acts.

PMM
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PMM
AngelRose17
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« Reply #3 on: September 25, 2009, 12:17:54 am »

          Driving without Insurance constitute a criminal record... You are violating the law... Each state treats driving without a license and driving with a suspended ... Avoid getting in trouble with the law by not driving in either case with advice


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PMM
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« Reply #4 on: September 25, 2009, 12:21:02 pm »

Hi

          Driving without Insurance constitute a criminal record... You are violating the law... Each state treats driving without a license and driving with a suspended ... Avoid getting in trouble with the law by not driving in either case with advice


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Well since there are no states in Canada, you may wish to read the Criminal Code of Canada and find the sections on driving without insurance (you won't) http://www.efc.ca/pages/law/cc/cc.html

PMM
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PMM
ImmEnforce
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« Reply #5 on: October 16, 2009, 10:22:37 am »

Since it's two against one...I thought I would jump in.

There are a number of things that have to be taken into consideration when determining admissibility.

Is this offence considered a crime in the other country? Was there actually a conviction registered? In some areas you can be charged with a criminal offence, but be found guilty of a violation. This is not a crime. The criminal offence must be equated to a criminal offence in Canada.

So in this case.......Even if the other country considers this offence to be criminal.....Canada does not. It would be a violation of a provincial statute.
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alexevans
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« Reply #6 on: January 29, 2010, 12:39:42 am »

Yes driving without insurance constitute a criminal offence. My friend is a police officer and I once asked him this question. Other road traffic offenses like driving without MOT or Roadtax etc are not.
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PMM
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« Reply #7 on: January 29, 2010, 01:30:56 am »

Hi

Yes driving without insurance constitute a criminal offence. My friend is a police officer and I once asked him this question. Other road traffic offenses like driving without MOT or Roadtax etc are not.

Obviously your friend is not a Canadian police officer, as there is not MOT nor Road Tax in Canada.  It is a traffic ticket not a criminal code offence in Canada.

PMM
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PMM
toby
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« Reply #8 on: February 01, 2010, 02:35:13 am »

Thank God for PMM -- a voice of reason and knowledge.
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McEvoy08
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« Reply #9 on: June 28, 2011, 10:52:59 pm »

Hi PPM

I was just wondering whether you are 100% confident that driving without insurance does not constitute a criminal offence and what is your backing for this assumption? I am considering applying for a student visa to Canada and was wondering whether I need to disclose this offence or not?

Your help is much appreciated!!
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steaky
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« Reply #10 on: June 28, 2011, 11:01:50 pm »

Hi PPM

I was just wondering whether you are 100% confident that driving without insurance does not constitute a criminal offence and what is your backing for this assumption? I am considering applying for a student visa to Canada and was wondering whether I need to disclose this offence or not?

Your help is much appreciated!!

In Canada, it's not a criminal offence.  But it might be one in other countries in the world.
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toby
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« Reply #11 on: June 29, 2011, 07:46:31 am »

Given the uncertainty surrounding this issue, whether you answer "yes" or "no", it would be wise to drop a footnote explaining the background. I would say "no", since driving without insurance is not (according to PMM) a criminal offence in Canada. But if it is a criminal offence in your country, then explain what happened in a cover letter or footnote.  That way you can never be accused of misrepresentation.

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Alabaman
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« Reply #12 on: June 29, 2011, 09:42:26 am »

I was caught driving without insurance in the Uk, paid a fine and got a 6 points on my license, does this constitute a criminal record and will I be refused entry to canada?
Pls do I need to disclose it when asked this question on the immigration form: 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 proceddings in any country? YES or NO.

Thank you,

Alora72

I wouldn't worry about it. Dont even list it.
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McEvoy08
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« Reply #13 on: June 30, 2011, 03:14:40 pm »

Thanks everyone for their response

I checked out the Canadian Crminal Code and the only driving offences which seems to reach a level of "criminal culpability" are that of 1.) driving under the influence and 2.) dangerous driving which is a relief! I guess my best bet is to answer "no" and then briefly explain the driving offence just in case it could come back to haunt me again later ( given that it is a criminal offence in Ireland, but apparently no so in Canada).

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toby
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« Reply #14 on: June 30, 2011, 06:51:14 pm »

Thanks everyone for their response

I checked out the Canadian Crminal Code and the only driving offences which seems to reach a level of "criminal culpability" are that of 1.) driving under the influence and 2.) dangerous driving which is a relief! I guess my best bet is to answer "no" and then briefly explain the driving offence just in case it could come back to haunt me again later ( given that it is a criminal offence in Ireland, but apparently no so in Canada).



A criminal offence in Ireland to drink and drive, yet a cultural offence not to drink!  Tough choice.
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Nov 09 Application to Mississauga
Nov 09 Approved; sent to Hong Kong.
Interview April 4, 2011 (so slow!!). Passed.
15 April 2011 New medical done.
7 July 2011  COPR received.
15 July 2011 landed in Vancouver. At last.
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