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jack_p wrote:Hello,
There is a question in the VAF9 form that says "Do you have any criminal convictions in any country (including traffic offences)?". I unfortunately was caught speeding in the Detroit last October and paid a penalty of $150. Though its a minor offence, am not sure to what extend this will influence the caseworker in making the decision. Did anybodody get their application processed successfully despite getting traffic tickets in the past ?
Here is the excerpt from guidance on refusal of EC on the grounds of criminal conviction (includes Traffic Offence)jack_p wrote:Hello,
There is a question in the VAF9 form that says "Do you have any criminal convictions in any country (including traffic offences)?". I unfortunately was caught speeding in the Detroit last October and paid a penalty of $150. Though its a minor offence, am not sure to what extend this will influence the caseworker in making the decision. Did anybodody get their application processed successfully despite getting traffic tickets in the past ?
Refusal on grounds of criminal conviction [Updated 11 August 2008]
Paragraph 320(18 ) of the Rules states that an application should normally be refused if that person has been convicted of an offence in any country, which would be punishable with imprisonment for a term of 12 months or more if the offence had occurred in the UK,. ECOs should not refuse under 320(18 ) if the conviction is considered “spentâ€
I dont think so. See thisaruni4470 wrote:Also it is clearly mentioned above that the offense should be of kind which is sentensable for 12 months. Speeding is not a sentensable offence. Dangerous driving is.
In order to secure a conviction for dangerous driving, the Prosecution have to satisfy the Court that your driving fell far below what would be expected of a competent and careful driver AND it would be obvious to a competent and careful driver that driving in that way would be dangerous. The law further clarifies what “dangerousâ€
Please see my caveats above. I have just copy/pasted stuff from here and there. All the best with your application processjack_p wrote:I may be wrong, but all these clauses from various websites are kinda blown out of proportion as far as my case is concerned. Irrespective of the caseworker treating Speeding as Dangerous Driving or not, I didn't go to the court and there isn't any question of sentencing. I do not know the interpretation of the caseworker either, but in a literal sense, I somehow feel this offence shouldn't influence in making a decision. Thanks much guys for those inputs. Will keep everybody posted with the result.
When you are caught speeding and if it is considered dangerous driving, the police would not issue you with a fixed penalty ticket. Instead, they would issue you with a warrant. Which has not happened in this case.The larger issue is, is Speeding considered to be Dangerous Driving, if yes then even if they let ppl off just by issuing a ticket, the maximum punishment is 2 years which is what the Guidance Note I have quoted a caseworker should focus on (and not on whether or not the sentence was given)
Here you have to look at two different things.The larger issue is, is Speeding considered to be Dangerous Driving, if yes then even if they let ppl off just by issuing a ticket, the maximum punishment is 2 years which is what the Guidance Note I have quoted a caseworker should focus on (and not on whether or not the sentence was given)
Personally I feel that this is not a conviction but, if you feel comfortable mentioning about it in the application, you should do it.If the police already know you are the driver and you have been told that you will be reported, or if information has been given to the effect that you were the driver at the material time, then you will usually receive an offer of a fixed penalty. If you accept this, you will be fined £60 and your licence will be endorsed with 3 penalty points.
In more serious cases or, if you fall foul of the totting up procedure, the fixed penalty procedure will not apply. You will simply receive a summons which the police must apply for within 6 months of the date that it was known to them that you were the driver. This will tell you when your case will be in court.
If you plead guilty to, or are found guilty of a speeding offence, the Court has an unfettered power to disqualify you, fine you up to certain limits, and order you to pay prosecution costs. Points are awarded on a sliding scale between 3 and 6 penalty points – the higher the speed the greater the number of points that you will receive.
This was a major dilemma I had for almost a day and fortunately I decided to put it in the application form as Traffic offence and sentence as $150 penalty.1971 wrote:Hi Jack_p,
I think you should declare it as a traffic offence and state that you were fined $150 which you have paid and case wasn't charged to court.
Its better to declare any minor offence than for the CW to find out later if you dont declare it. It means you have made a false claim which contravene's the declaration rule. So, declare and let the CW make decisions. I believe if you do, it will not affect your application rather than not declaring.
Cheers
1971.
Lets hope it goes through. All the best.jack_p wrote:This was a major dilemma I had for almost a day and fortunately I decided to put it in the application form as Traffic offence and sentence as $150 penalty.1971 wrote:Hi Jack_p,
I think you should declare it as a traffic offence and state that you were fined $150 which you have paid and case wasn't charged to court.
Its better to declare any minor offence than for the CW to find out later if you dont declare it. It means you have made a false claim which contravene's the declaration rule. So, declare and let the CW make decisions. I believe if you do, it will not affect your application rather than not declaring.
Cheers
1971.