speeding and bc

[nidaulhaque]

hello,
i need some advice from you guys, i already qualify for bc but not bother to apply as wanted to pas life in uk test, now problem is police today stop me due to speeding, i was doing 56mph in 30mph zone they just given me traffic offense report and told i will get letter in the post, now i already applied for the life in uk test and got date for next week what i am thinking to apply for bc asap before i receive court letter or court made decision, will this be ok? any advice what to do in this situation? looking at timeline normally application approve within 1 month i have been told sometime court take 2 month to send letter, any help would be much appreciated

[milan69]

If you receive points from the Court it is a criminal conviction and a 3 year ban for naturalisation.

[Wanderer]

hello,
i need some advice from you guys, i already qualify for bc but not bother to apply as wanted to pas life in uk test, now problem is police today stop me due to speeding, i was doing 56mph in 30mph zone they just given me traffic offense report and told i will get letter in the post, now i already applied for the life in uk test and got date for next week what i am thinking to apply for bc asap before i receive court letter or court made decision, will this be ok? any advice what to do in this situation? looking at timeline normally application approve within 1 month i have been told sometime court take 2 month to send letter, any help would be much appreciated

For over 50 in a 30 you'll definitely have to go before a magistrate in court and probably get 6 points and a ban. Applying before you get the letter won't help, you won't know when the offence will be recorded on the DVLA systems and you must in any case declare it otherwise you may be accused of deception.

56 in a 30 is pretty bloody wreckless so don't expect any sympathy or leniency....

[Wanderer]

hello,
i need some advice from you guys, i already qualify for bc but not bother to apply as wanted to pas life in uk test, now problem is police today stop me due to speeding, i was doing 56mph in 30mph zone they just given me traffic offense report and told i will get letter in the post, now i already applied for the life in uk test and got date for next week what i am thinking to apply for bc asap before i receive court letter or court made decision, will this be ok? any advice what to do in this situation? looking at timeline normally application approve within 1 month i have been told sometime court take 2 month to send letter, any help would be much appreciated

For over 50 in a 30 you'll definitely have to go before a magistrate in court and probably get 6 points and a ban. Applying before you get the letter won't help, you won't know when the offence will be recorded on the DVLA systems and you must in any case declare it otherwise you may be accused of deception.

56 in a 30 is pretty bloody reckless so don't expect any sympathy or lienancy....

[nidaulhaque]

well it was not 56 seems to be some problem with their camera gun plus i was over taking and off course speed is high while over taking, i know i may get 6 points from court but my question is will this be not batter if i apply asap and not mention this as i am not convicted yet i may able to get bc before court issue me letter or made decision? looking for expert opinion plz

[iamnew]

I don't think applying now will help since you will have to declare the offence

[akhurshid]

well it was not 56 seems to be some problem with their camera gun plus i was over taking and off course speed is high while over taking, i know i may get 6 points from court but my question is will this be not batter if i apply asap and not mention this as i am not convicted yet i may able to get bc before court issue me letter or made decision? looking for expert opinion plz

I am sorry but I can't help it. Did nobody ever tell you that you don't overtake someone if you have to go over the speed limit? How did you even pass your driving test? It seems to me you are just being reckless.
Police wouldn't have given you NIP if there was problem with their speed gun. It doesn't work like that.

You will already be on police record when HO receives your application. They will off course query it and if they find(which they will) out that you haven't disclosed it deliberately, you will be banned for 10 years.

I would just own the mistake and take it on the chin, be a good driver in future and if you are taken to the court, you can apply after 3 years. You can still do your LIUK test as that never expires.

[Wanderer]

well it was not 56 seems to be some problem with their camera gun plus i was over taking and off course speed is high while over taking, i know i may get 6 points from court but my question is will this be not batter if i apply asap and not mention this as i am not convicted yet i may able to get bc before court issue me letter or made decision? looking for expert opinion plz

You can ask for the calibration tests for the gun but I guarantee you it will be accurate. Overtaking or not, speeding is speeding, and the limit is the limit, you are not allowed to drive faster than the limit because you are overtaking.

The Guidance Notes for Naturalisation Form AN1 say;

You must say if there is any offence for which you may go to court or which is awaiting hearing in court.

[zeusmagnanimous]

well it was not 56 seems to be some problem with their camera gun ........

Are you seriously telling us that their camera gun was off by 26mph

.............. i was over taking and off course speed is high while over taking, ........

lame argument mate, it still does not justify going over the speed limit.

You will have to declare it otherwise it will be regarded as deception if discovered.
See AN guide 3.13

3.13 You must say if there is any offence for which you may go to court or which is
awaiting hearing in court. This includes having been arrested for an offence and waiting
to hear if you will be formally charged. If you have been arrested and not told that
charges have been dropped, or that you will not have to appear in court, you may wish to
confirm the position with the police. For applicants from Scotland any recent civil
penalties must also be declared. You must tell us if you are arrested or charged with an
offence after you make your application and while the application is under
consideration. You risk prosecution under section 46 of the British Nationality Act 1981
if you do not do so.

[Wanderer]

I'm with the majority here, suggest you take some driving lessons and retake your driving test, you are obviously not of the required standard to drive.

[chowkal]

I think this is too much unsolicited advise happening here on this subject... just answer the query

Everyone does mistake, so stop acting as if you haven't done any mistake

[akhurshid]

I think this is too much unsolicited advise happening here on this subject... just answer the query

Everyone does mistake, so stop acting as if you haven't done any mistake

Making a mistake is a different thing. Not owning it is another.
How would you feel if someone doing more than 50MPH in 30 zone has a collision with your family member? Would you just call it a mistake and let it go?

Chances of killing someone are increased by 30% if accident happens at 36MPH rather than 30MPH.
People just think over speeding or using hand held devices while driving are not a big issue until they have to face the consequences. Why don't people just take it seriously from the beginning and you don't have to deal with consequences of such 'mistakes'.

And before you ask, no I have not done this 'mistake'. I am a father of 2 and I don't like anybody doing this 'mistake' to my kids so I make sure I don't do this 'mistake' to someone else's kid or to someone else for the matter!

[nidaulhaque]

thx @ chowkal i am agree i was doing speeding all i am saying my speed was not near 56mph maybe around 45 plus as i was over taking so speed was high, on this round people do over 70mph no houses across road plus has two lanes anyway alll i am asking as police stopped me they not issued me FPN more likely they will take me court i understand this but at present i dont have FPN nor received letter from court about this offence so will it not good to apply BC before i receive court letter??? when i get court letter and if my application still pending then i will inform home office, so what do u think at present i dont need to mention in the form? as its not confirmed

I think this is too much unsolicited advise happening here on this subject... just answer the query

Everyone does mistake, so stop acting as if you haven't done any mistake

[chowkal]

I'm a family man too with kids and I can very well undestand what speeding is...

I don't think he is not ready to accept the mistake, it is the situation what he is IN that is his citizenship...

Nidaulhaque:
My suggestion is, you can apply. however, you have to declare once you get the charge sheet, innocent until proven guilty

Who knows you may not get a court notice at all..they may let you off with warning..

Again, suggestion only

[nidaulhaque]

exactly chowkal i even said to police man aswell my speed was more then 30 but i dont think its 56mph its far too much i am not bother about 6 points or ban on driving or going to court all i am worried that due to court i need to wait 3 years thats what my main concerns is I am happy to pay fine i know i done mistake its my fault, i think its totally logical as i am not not charged or issued FPN for speeding so, so far i a not involved in this offence untill i get letter from court so i think its worth paying £1000 BC fees never know may takes 2 months for the court letter or may never come even police officer said we cant decide you will get letter in the post so i dont think i done any offence untill i hear from court

any other advice most welcome

I'm a family man too with kids and I can very well understand what speeding is...

I don't think he is not ready to accept the mistake, it is the situation what he is IN that is his citizenship...

Nidaulhaque:
My suggestion is, you can apply. however, you have to declare once you get the charge sheet, innocent until proven guilty

Who knows you may not get a court notice at all..they may let you off with warning..

Again, suggestion only

[zeusmagnanimous]

thx @ chowkal i am agree i was doing speeding all i am saying my speed was not near 56mph maybe around 45 plus as i was over taking so speed was high, on this round people do over 70mph no houses across road ............

45 is still a lot more than the allowed 30 ...... people may be doing 70 but then some people do murders too - it doesn't make it right.
You are also trying to apply a similar logic to your BC application now. Its your application and your life do what you like but please don't overspeed because that's putting others' lives at risk.

[akhurshid]

If police wanted to deal with this by issuing a warning, they would have issued you with the warning there and then. Same goes for FPN.
What police have told you is that you'll receive a Notice for Intended Prosecution(NIP). Which means prosecutor will decide what to do based on evidence presented to him by Police. I have yet to see a case where prosecutor has decided to issue a warning or offer a course in such situation. I am 99% sure that you'll be summoned to appear in court and it will be up to magistrate to decide unless you plea guilty by post.
If you plea guilty by post or in presence or magistrate finds you guilty, your conviction will be considered as no custodial which means you are not eligible to apply for BC for 3 years.

I wouldn't apply with the hope that HO will decide your application before sentence is passed. During initial checks, system will highlight that you have a case pending and HO will hold your application until that case is decided.
If you don't declare it while applying, HO will treat it as deception and you'll be banned from applying for 10 years.

Your best option is to wait until the outcome of this case and then decide what to do. And as I said before, you can still take your LIUK as it has no expiration.

[Wanderer]

56 in a 30 is nearly twice the limit, it's not a trivial offence. Anyway, the answer to the OP's question is clear;

You must say if there is any offence for which you may go to court or which is awaiting hearing in court.

If you don't declare it, you'll not able to naturalise for 10 years for deception so the answer is don't apply or apply and declare it.

[milan69]

I personally think that you should inform Home Office if you get Points /letter from the court. Even if you get away with it by having HO approve your application without knowing of this matter it will always be something potentially very damaging that can happen,like having citizenship revoked due to deception.