• Drunk and drive case - Canada visa

I was caught drunk and drive in 2020 in Hyderabad. I had to pay a fine of 5000rs and my driving licence was suspended for 2 months. Will this cause any issue for my Canadian visa? I'm about to send my passport for stamping and my background will be checked before stamping.

Thanks in advance
Asked 1 year ago in Criminal Law
Religion: Hindu

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12 Answers

Criminal Rehabilitation Waiting Period is 5 years from the incident happened. Plus your license was suspended for 2 months.

 

Still you can take a chance to apply for it and check how serious  Criminal section and Act where charged against you at that time. 

 

The Rehabilitation period can be reduced to 3 years after paying penalty but need to check what criminal sections were charged against you.

 

Ganesh Kadam
Advocate, Pune
12910 Answers
253 Consultations

4.9 on 5.0

It should not cause any problems in obtaining Canadian visa 

 

you merely paid fine for drink driving 

Ajay Sethi
Advocate, Mumbai
94522 Answers
7485 Consultations

5.0 on 5.0

  • For a suspended sentence you will count 5 years from the date of the sentencing.
  • If there is a fine with the suspended sentence, the 5 years starts from the date you paid the fine. If a payment plan was used, the 5 years starts when the last payment is made.

 

Ganesh Kadam
Advocate, Pune
12910 Answers
253 Consultations

4.9 on 5.0

Offence under MV Act is not a very serious offence and it is highly improbable that your visa would be rejected on such grounds.

Siddharth Jain
Advocate, New Delhi
6303 Answers
102 Consultations

5.0 on 5.0

For the penalty is not to worry. That will not be reported for your Visa. Only conviction is reported 

Prashant Nayak
Advocate, Mumbai
31807 Answers
176 Consultations

4.1 on 5.0

It is a minor offence and should not affect your issue of Canadian visa 

Ajay Sethi
Advocate, Mumbai
94522 Answers
7485 Consultations

5.0 on 5.0

1. Even if the background check is carried out it only proves that you had only violated certain clauses of M.V. Act thereby you were convicted by the Court with a punishment of penalty of Rs.5000/- and not for any criminal act.

2.  You would get Canadian visa,, as there has been no conviction for any criminal activity.

3.   Without fear of rejection of your visa, send your passport for Canadian visa stamping.

Shashidhar S. Sastry
Advocate, Bangalore
5068 Answers
314 Consultations

5.0 on 5.0

Offence  of drunken driving is known as “impaired driving,” in Canada. A foreign is inadmissible to Canada if he has been convicted  outside Canada of two or more acts that, if committed in Canada, would be equivalent to summary offences. Offence  of impaired driving is Canada is tried summarily. One such conviction will not affect your admissibility in Canada. It is not the amount of fine, but it is alcohol level in blood that is considered.  

Ravi Shinde
Advocate, Hyderabad
4041 Answers
42 Consultations

5.0 on 5.0

If you have paid the fine and the case has been disposed on the basis of the penalty being complied, the case will be closed and the file will be consigned to records. 

However since this is a petty case you need not have to disclose this in your application for police clearance certificate, and apply for visa without mentioning any such details.

 

T Kalaiselvan
Advocate, Vellore
84714 Answers
2172 Consultations

5.0 on 5.0

Since this case has been disposed by making you to pay the fine, and it being a petty case for the first time, it will not reflect in the police records while the PCC is being processed, hence you may not disclose the details voluntarily. 

T Kalaiselvan
Advocate, Vellore
84714 Answers
2172 Consultations

5.0 on 5.0

- Such offences are in petty in nature , and it would not be consider as on offence for police verification.

- Further, as you have already paid the fine and have faced the consequences of that case , then the police official has already dispose off the case simultaneously. as per the direction of the court.

- Hence, you can apply for the visa and it will have not impact for the same. 

Mohammed Shahzad
Advocate, Delhi
13105 Answers
195 Consultations

5.0 on 5.0

Dear client If you've been convicted of driving while impaired, you may be inadmissible to Canada for serious criminality. This means that you generally can't enter Canada. If that's the case, there are options for you to enter Canada temporarily, or to become admissible again

Anik Miu
Advocate, Bangalore
8742 Answers
109 Consultations

4.7 on 5.0

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