Tuesday, May 9, 2017

Entering Canada With A DUI, What You Need To Know

Canada has some of the toughest restrictions on travelers entering the Country in the World.  If you have a conviction for any criminal offense in California or anywhere else in the United States, here is what you need to know:Canada is a major destination for travel and commerce. In some cases, travellers are being rejected at points of entry due to a previous criminal offence. Canada does not distinguish between a misdemeanour and a felony; therefore if you have a pending criminal charge or are on probation for a crime you may no longer be able to travel to Canada, even for a short trip. What makes a person Inadmissable?  Any conviction for a felony and most misdemeanors.  Interestingly, Canada does not distinguish between felonies and misdemeanors so a charge of DUI, drunk driving, reckless driving, manslaughter, theft, writing a bad check, etc.  can result in your denial of entry. If you are deemed inadmissible There are two ways in which one can overcome their inadmissibility to Canada: Criminal Rehabilitation and Temporary Resident Permits.  We will discuss both of them independently:

Criminal Rehabilitation will permanently resolve an individual’s inadmissibility on a permanent basis as long as 5 years have passed since the completion of their sentence for a non- serious crime. If successful, the conviction(s) will no longer be a limitation to enter Canada.

The first step is to determine if the offence that the individual was convicted of is equivalent to a criminal offence in Canada. However, this is a difficult task that often requires legal expertise.
At least 5 years must have elapsed since the completion of a sentence in order to be eligible for criminal rehabilitation.
If 10 years or more have elapsed, and the individual has only one non-serious conviction, s/he would be deemed rehabilitated and admissible to Canada. However, we recommend a Legal Opinion Letter in order to explain any history of criminality. 

Temporary Resident Permits will allow individuals who are criminally inadmissible to Canada to enter the country for a limited period of time.
Immigration officers will evaluate TRP applications and approve them if the individual has a signi cant reason for entering Canada. Travelling to Canada for business purposes and/ or for reasons that benefit Canada will improve their chance of success. 
A temporary resident permit is necessary for entry to Canada if:
Less than 5 years has passed since completing a sentence for a crime equivalent to a Canadian federal offence.

More than 5 years has passed and criminal rehabilitation has NOT been approved. 



Monday, May 1, 2017

How Does The California DMV Define a Refusal

A refusal to take a test following a DUI arrest carries the harshest penalty under law.  The state can revoke your driving privileges for up to 3 years.  How does California define a refusal in legal terms?

Before the DMV may suspend a driver's license for failure to submit to a chemical test, the DMV must make four findings: (1) the officer had reasonable cause to believe the person was driving a vehicle while under the influence of drugs or alcohol; (2) the person was arrested; (3) the person was told that if he or she refused to submit to, or did not complete, a chemical test his or her license would be suspended; and (4) the person refused to submit to, or did not complete, such a test. 

The question whether a driver "refused" a test within the meaning of the statute is a question of fact. To comply with the law, a `driver should clearly and unambiguously manifest the consent required by the law. Consent which is not clear and unambiguous may be deemed a refusal.' In determining whether an arrested driver's conduct amounts to a refusal to submit to a test, the court looks not to the state of mind of the arrested driver, but to "the fair meaning to be given [the driver's] response to the demand he submit to a chemical test.  As such, whether a driver intended to refuse or not is not the determining factor.