Driving w/o Lic/Insur-Traffic Offense or a Criminal Offense?

[laclassy]

Hello respected members -

A question to all experienced members to please shed some light on this matter. Thanks

Someone (HSMP 1+3+1) has asked me this question whether driving without license and/or insurance is a traffic offense or a criminal one?

Should it be a traffic offense, the CRB should not have any details as traffic offenses do not get prison sentences yet the fine only. Fines do not get recorded in the CRB but in CRO (criminal record office)?

And if driving without an insurance or driving license is a criminal offense then what is the rehabilitation period or period that may be declared as spent?. Will the person be called as "convict" under traffic offense ?

Keeping in view the new changes effective from January 2008 w.r.t ILR/Naturalization applications on from SET (O)/ (M)-AN, the traffic offenses are being treated as NOT minor.

A big Question Mark: How long an applicant (ILR/Naturalization) should wait so that to be in the safe zone before making the application.

Does this traffic offense show up in PNC and CRB as well?

I have gone through the HO Notes and guidelines, nevertheless I must admit that a clear mention is no where to be found “In Crystal Englishâ€

[apply4hsmp]

[quote="laclassy"]Hello respected members -

Someone (HSMP 1+3+1) has asked me this question whether driving without license and/or insurance is a traffic offense or a criminal one?

...

I have gone through the HO Notes and guidelines, nevertheless I must admit that a clear mention is no where to be found “In Crystal Englishâ€

[John]

whether driving without license and/or insurance is a traffic offense or a criminal one?

It is both! Traffic offences are criminal offences!

[laclassy]

[quote="apply4hsmp"][quote="laclassy"]Hello respected members -

Someone (HSMP 1+3+1) has asked me this question whether driving without license and/or insurance is a traffic offense or a criminal one?

...

I have gone through the HO Notes and guidelines, nevertheless I must admit that a clear mention is no where to be found “In Crystal Englishâ€

[laclassy]

Thanks John and apply4hsmp.

So, whats the time considered as spent in this case, 2 or 5 years ???

Regards

[John]

You have not told us what sort of penalty/penalties was/were imposed, so it is impossible to say what the spent period is.

[laclassy]

You have not told us what sort of penalty/penalties was/were imposed, so it is impossible to say what the spent period is.

Thanks John.

I have two colleagues with two different scenarios.

1. HSMP (1+3+1)- Got £240 fine only for driving without license in Dec 2007.

2. Second chap is already enjoying ILR under spouse category. The ILR was granted last year in January i.e January 2007. Got £260 fine and 6 months Disqualification for driving without insurance last year in June.

Regards

[John]

OK, for both of those people, given that they were both fined, the convictions will be "spent" five years after the respective dates of conviction.

For the one who already has ILR, but might wish to apply for Naturalisation, he is not able to apply for Naturalisation until the conviction is "spent".

[laclassy]

OK, for both of those people, given that they were both fined, the convictions will be "spent" five years after the respective dates of conviction.

For the one who already has ILR, but might wish to apply for Naturalisation, he is not able to apply for Naturalisation until the conviction is "spent".

John - Thanks very much. You have been very helpful as usual.

I appreciate

Regards