Criminal (traffic) Issue with application doing spousal sponsorship

[Jacksonj1177]

I just recently received a speeding ticket of 83 in a 55. Also, I received a reckless driving citation. My attorney says since I have never been in trouble before he could get the reckless driving charge completely dismissed and bring the speeding down to a 9 over ticket. That would mean I would just be convicted of a speeding ticket. This just happened a week ago. If I get this taken care of like I mentioned would this mean I am inadmissible to Canada for the spousal PR? I have a clean criminal record and this is the first time I have ever been in any issues with law enforcement. I have been to Canada over 10 times for months at a time and never had any issue. I am so fearful because I received a citation for the 2 offenses that it would make me unlikely to receive a PR.

Please Help?

 

[armoured]

I just recently received a speeding ticket of 83 in a 55. Also, I received a reckless driving citation. My attorney says since I have never been in trouble before he could get the reckless driving charge completely dismissed and bring the speeding down to a 9 over ticket. That would mean I would just be convicted of a speeding ticket. This just happened a week ago. If I get this taken care of like I mentioned would this mean I am inadmissible to Canada for the spousal PR? I have a clean criminal record and this is the first time I have ever been in any issues with law enforcement. I have been to Canada over 10 times for months at a time and never had any issue. I am so fearful because I received a citation for the 2 offenses that it would make me unlikely to receive a PR.

Please Help?

It would help to clarify where this occurred - in Canada? And have you already applied for PR or just planning to?

It is unlikely a speeding ticket would make you inadmissible - if what your lawyer suggests, a conviction for a (relatively minor) moving violation is the end result. Do research carefully, though - there are guidelines about what convictions can make one inadmissible, it's possible a reckless driving conviction could (I believe the guidelines are about whether it would be a conviction of over a certain number of years imprisonment, and I doubt that would apply to reckless driving with no injuries or fatalities resulting).

 

[k.h.p.]

It would help to clarify where this occurred - in Canada? And have you already applied for PR or just planning to?

It is unlikely a speeding ticket would make you inadmissible - if what your lawyer suggests, a conviction for a (relatively minor) moving violation is the end result. Do research carefully, though - there are guidelines about what convictions can make one inadmissible, it's possible a reckless driving conviction could (I believe the guidelines are about whether it would be a conviction of over a certain number of years imprisonment, and I doubt that would apply to reckless driving with no injuries or fatalities resulting).

The guidelines apply to the crime as it would be understood in Canada, not the foreign jurisdiction. If reckless driving were charged in Canada, it could be a serious criminality charge.

I assume the charges are in the US given the speeds mentioned.

The only thing you can do now is wait for a resolution of your charges and see what happens. Your lawyer needs to try to minimize them as much as possible.

 

[Jacksonj1177]

It would help to clarify where this occurred - in Canada? And have you already applied for PR or just planning to?

It is unlikely a speeding ticket would make you inadmissible - if what your lawyer suggests, a conviction for a (relatively minor) moving violation is the end result. Do research carefully, though - there are guidelines about what convictions can make one inadmissible, it's possible a reckless driving conviction could (I believe the guidelines are about whether it would be a conviction of over a certain number of years imprisonment, and I doubt that would apply to reckless driving with no injuries or fatalities resulting).

This happened in North Carolina and I was planning to apply in a few weeks, but now I am waiting for this to be resolved. If the reckless driving charge is dropped completely will that affect me at all? I know it is innocent until proven guilty so if I am never convicted then that should not affect me?

 

[Jacksonj1177]

The guidelines apply to the crime as it would be understood in Canada, not the foreign jurisdiction. If reckless driving were charged in Canada, it could be a serious criminality charge.

I assume the charges are in the US given the speeds mentioned.

The only thing you can do now is wait for a resolution of your charges and see what happens. Your lawyer needs to try to minimize them as much as possible.

If a charge is dropped and I am not convicted then it will not affect anything, correct? Only if I am convicted the reckless driving?

 

[k.h.p.]

If a charge is dropped and I am not convicted then it will not affect anything, correct? Only if I am convicted the reckless driving?

I'm not a lawyer, I can't advise you on this.

You still have to mention if you have been arrested, charged, or committed a crime in an application. You'd then need to prove it was dropped.

 

[k.h.p.]

This happened in North Carolina and I was planning to apply in a few weeks, but now I am waiting for this to be resolved. If the reckless driving charge is dropped completely will that affect me at all? I know it is innocent until proven guilty so if I am never convicted then that should not affect me?

No.

You must declare any crimes you have committed, been arrested for, charged with, or convicted of.

Canada will do background checks on you; if they find charges that were dropped or acquitted that you have not declared, it's an issue. Having proof the charges were dropped will help.

 

[Jacksonj1177]

This happened in North Carolina. If the reckless driving charge is dropped completely will that affect me at all? I know it is innocent until proven guilty so if I am never convicted then that should not affect me?

No.

You must declare any crimes you have committed, been arrested for, charged with, or convicted of.

Canada will do background checks on you; if they find charges that were dropped or acquitted that you have not declared, it's an issue. Having proof the charges were dropped will help.

Thank you! I am praying for a good outcome so I can be with my wife.

 

[Copingwithlife]

Thank you! I am praying for a good outcome so I can be with my wife.

Then stop speeding, this wasn't just a few over the speed limit . I'm positive your spouse would appreciate you being with her in one piece, versus the opposite

 

[Jacksonj1177]

Then stop speeding, this wasn't just a few over the speed limit . I'm positive your spouse would appreciate you being with her in one piece, versus the opposite

I respect that. It was an honest mistake and I can assure you I have learned my lesson for sure.