Driving with blood alcohol over 80 vs careless driving charge

[james t kirk]

That's my point, basically same penalty minus the criminal charge aspect. On top of the 1 year suspension, a $1,600 fine, probation, and attending alcohol addiction course are also part of the careless driving terms. Again, almost the same as criminal conviction.

Your nephew got off lucky / easy. Count your blessings.

If I had of been the crown, I would have thrown the book at him so hard it would have left a scar.

 

[james t kirk]

Wait, he blew a 100 at the station which was likely an hour after he was stopped later in the morning after sleeping at the party?

I guess passing out is a version of 'deciding' to sleep it off.

Well put.

 

[oldjones]

Here you go, straight from the U.S Customs and Boarder Protection site:

https://help.cbp.gov/app/answers/detail/a_id/402/~/entering-the-u.s.-and-canada-with-dui-offenses



Those guys pretty much always have the discretion to let you in weather your inadmissible or not. They almost always let you in despite a DUI conviction so I'm not sure what your point is.

Thanks for the more current info, like the conviction itself conviction, mine was very dated.

My point was, much as you said, that an agent letting you in is not the same as the law saying you are admissible. When and if it comes to a dispute the US law will likely beat the Canadian visitor, and the agent will just be a spectator.

I note the Canadian lawyer whose link you gave in your answer to Fathammer specializes in obtaining the Waiver of Inadmissibility document I mentioned, but without giving its proper title.

 

[WULA]

Maybe part of the confusion is that the same charge can be made under either the federal criminal code OR under the Ontario ? Highway Safety Act. The fed one is a criminal conviction and the ON one is not.

At least this was the case when I researched this matter some years ago.

 

[black booty lover]

I wonder how many people in this thread raking your nephew over the coals regularly text while driving. Probably several of them.
Let's assume your nephew was naive and didn't realize his BOC would still be high the morning after. He's been roughly disabused of that notion. But he's being given a chance. While Careless Driving is indeed a serious ticket, it's no where near a DWI conviction. Take the deal, and I hope your nephew learns from it.

You have to understand, this board is based on high morals. All these guys guys jeopardizing there family and kids lives because they choose to cheat via esorts, is not nearly as bad as a 19 year old kid still trying to figure out life making a mistake..lol.

 

[black booty lover]

This is taken from the wedsite you provided:
"A single DUI conviction is not grounds to deny entry into the U.S. However, multiple DUI convictions or a DUI conviction in combination with other misdemeanor offenses can make a person inadmissible and require a waiver prior to entering the United States."

Sure, a simple 24hrs ticket or as Americans call it "Misdemeanor" is a different story.

If you are charged with a "Criminal Offence" or "Felony" like blowing way over the limit on strike 2 or causing an accident, etc. then you can become inadmissible.

Tlhat's what we're talking about...lol. A DUI. Not some type of multiple offender. A single DUI is the discussion...lol

 

[oldjones]

Tlhat's what we're talking about...lol. A DUI. Some type of multiple offender. A single DUI is the discussion...lol

Actually the discussion is about comparing the relative pain, costs and lessons of a Provincial Offence conviction for 'careless driving' under the Ontario Highway Traffic Act, to a federal conviction for the Criminal Offence of 'driving impaired/blowing over .08', under the Criminal Code of Canada.

Minimize what the nephew did all you want, there is no such offence as DUI in Canada. It's American media-speak from States where they don't take driving drunk as seriously as we do.

 

[black booty lover]

Actually the discussion is about comparing the relative pain, costs and lessons of a Provincial Offence conviction for 'careless driving' under the Ontario Highway Traffic Act, to a federal conviction for the Criminal Offence of 'driving impaired/blowing over .08', under the Criminal Code of Canada.

Minimize what the nephew did all you want, there is no such offence as DUI in Canada. It's American media-speak from States where they don't take driving drunk as seriously as we do.

Right, and then someone wrongfully stated that because he'll have a criminal record he cant get into the U.S which was incorrect in this case.

 

[Fathammer]

Tlhat's what we're talking about...lol. A DUI. Not some type of multiple offender. A single DUI is the discussion...lol

LOL, maybe I should have asked if he had any other DUI charges? LOL I should have just assumed it was one?? LOL

LOL, I guess thats why my friend had to get the device on his car? LOL 3 grand to install, pay to remove and monthly service fee...LOL

But hey, at least he can go over the border. LOL