I am trying to decide whether to go to trial on a DUI charge. I have legal representation on a DUI charge here in California. However, the attorney says he does not know Canada immigration/travel law. By the time I would go to trial I will already have served my 4 month license revocation period.
So I need some advice as to restrictions on my ability to travel to Canada under three scenarios:
1. We go to trial and win
2. I settle and accept a dry reckless charge- not yet offered
3. I settle and accept a wet reckless charge- now being offered
If your attorney really knows nothing about Canadian immigration law, call the Canadian Embassy or Consulate nearest you and ask. Canada is very hard on DUIs and may refuse admission for a recent DUI. Whether the border agents know that a wet reckless is virtually the same thing is a question best answered by the Canadian authorities.
In the United States you are innocent until proven guilty. This means you are generally not in databases for a conviction, prior to a conviction.
Canada is tough on DUI, however, it is likely it will depend on which border agent you speak with while entering to determine whether you are admissible. If you have further questions about this, you may want to contact a lawyer in the Canadian provence you wish to visit.
First, your attorney should know this.
Second, if you win you should be fine. If you settle, you may be stopped from entering, but for just a reckless you should be ok. A wet reckless is discretionary, or at least treated as such, based on the customs agent. Canada is very toguh on alcohol related offenses, so a wet reckless may raise eyebrows.
I've answered this question before so you can search the answers. THe short of it is you are probably already prohibited form entry to Canada. I know of folks who were merely charged with DUI who have been denied entry. Also, any offense involving alcohol and driving is considered a dangerous offence so I am not sure a reckless will save you --it hasn't for my clients. Here is the link to the Canadian Embassy's page on admissibility to Canada with criminal issues. http://www.cic.gc.ca/english/visit/faq-inadmiss...
Get free answers from experienced attorneys.
29,355 answers this week
3,056 attorneys answering
Don't speak legalese? We define thousands of terms in plain English.Browse our legal dictionary