Dui inside Canada, OWP - options?

[DUIInsideCanada]

Hi all. First off i just want to say that i know DUI's aren't received well on this forum and i know i did wrong. I feel it every day. I cant sleep, i cant eat, and I'm trying my best to pull it together. DUI charge is recent, no plea entered yet. I've spoken with a criminal lawyer and I'm going to TRY to not have a guilty verdict / DUI charge, but i also know that my chances are slim to none and i would like to be prepared as best i can for a negative outcome. I have no criminal past, no driving convictions, there was an accident (minor bump) with another driver but no one was hurt thank god. I know there is no plea down from a DUI to a traffic violation even if my lawyer could convince a prosecutor to do that, no absolute or conditional discharge, and its either a dismissal or a guilty verdict. Guilty verdict / plea will make me instantly inadmissible. I have some questions about what will happen if I'm found guilty, and i would appreciate any insight into what i can do next. Thank you.

1) If I'm found guilty, will i be asked to leave? 1 year left on my work permit.

2) If i am asked to leave, how long do they give you to exit the country?

3) Can i apply for a TRP to stay in Canada if my work permit is revoked and I'm asked to leave? (I have a partner here, they will move to my home country with me if need be, but i would like to stay together whilst we get our affairs in order to move, sell the house etc)

4) I KNOW this is a long shot and i don't deserve this, but if i am somehow awarded a TRP, how long is it typically valid for and can i extend it? If its possible for me to stay here with my partner on TRP till i am able to apply for a pardon then i will do that, without working.

Again, I'm sorry for what i did. Any and all help is appreciated, thank you.

 

[Wonderland_1010]

Hi all. First off i just want to say that i know DUI's aren't received well on this forum and i know i did wrong. I feel it every day. I cant sleep, i cant eat, and I'm trying my best to pull it together. DUI charge is recent, no plea entered yet. I've spoken with a criminal lawyer and I'm going to TRY to not have a guilty verdict / DUI charge, but i also know that my chances are slim to none and i would like to be prepared as best i can for a negative outcome. I have no criminal past, no driving convictions, there was an accident (minor bump) with another driver but no one was hurt thank god. I know there is no plea down from a DUI to a traffic violation even if my lawyer could convince a prosecutor to do that, no absolute or conditional discharge, and its either a dismissal or a guilty verdict. Guilty verdict / plea will make me instantly inadmissible. I have some questions about what will happen if I'm found guilty, and i would appreciate any insight into what i can do next. Thank you.

1) If I'm found guilty, will i be asked to leave? 1 year left on my work permit.

2) If i am asked to leave, how long do they give you to exit the country?

3) Can i apply for a TRP to stay in Canada if my work permit is revoked and I'm asked to leave? (I have a partner here, they will move to my home country with me if need be, but i would like to stay together whilst we get our affairs in order to move, sell the house etc)

4) I KNOW this is a long shot and i don't deserve this, but if i am somehow awarded a TRP, how long is it typically valid for and can i extend it? If its possible for me to stay here with my partner on TRP till i am able to apply for a pardon then i will do that, without working.

Again, I'm sorry for what i did. Any and all help is appreciated, thank you.

1. If you are charged, CIC will find you inadmissible to Canada and they will revoke your work permit

2. Usually 30 days is the time they will give you to leave. Not to sure about this.

3. You have to wait out the 5 years of inadmissible to Canada before you can apply for TRP.

4. Also TRP is only for people who has reasons to enter Canada in your case it would be hard to get it approved.

You have to get the charges dropped or reduced if you really want to continue staying here.

 

[DUIInsideCanada]

Ive been told there is no reduced Because DUI has a minimum sentence of 12 month driving ban and a $1000 fine that there is no plea-ing down to anything else. Im not trying to escape punishment, i will voluntarily give up my licence, i will pay $$$$ for it. But there is no way without also being found inadmissible.

I guess its all or nothing

 

[DUIInsideCanada]

I thought the TRP was to help overcome the admissibility issue for those deemed inadmissible?

Does that mean if i am asked to leave and my partner comes with me i wouldnt be able to return at all for those 5 years?

Not for a wedding or a funeral, or christmas with family? I wouldnt see my SO family for 5 years? (minimum) If we have children, i wouldnt be able to bring them here to see family?

 

[scylla]

1. If you are charged, CIC will find you inadmissible to Canada and they will revoke your work permit

2. Usually 30 days is the time they will give you to leave. Not to sure about this.

3. You have to wait out the 5 years of inadmissible to Canada before you can apply for TRP.

4. Also TRP is only for people who has reasons to enter Canada in your case it would be hard to get it approved.

You have to get the charges dropped or reduced if you really want to continue staying here.

3. Not how TRPs work. You're confusing TRPs with rehabilitation. There's no requirement to wait 5 years before applying for a TRP but at the same time never a guarantee a TRP will be approved.

OP - DUIs within Canada are different than DUIs outside of Canada. Suggest you seek the advice of a good immigration lawyer.

 

[DUIInsideCanada]

Yeah i know, i spoke to an Immigration lawyer who told me we could try for a TRP if im found guilty, but i know they usually take longer than 30 days to get right? And if a removal order is issued i will have to honor it and leave even with a TRP application in the works right?

 

[scylla]

Yeah i know, i spoke to an Immigration lawyer who told me we could try for a TRP if im found guilty, but i know they usually take longer than 30 days to get right? And if a removal order is issued i will have to honor it and leave even with a TRP application in the works right?

TRPs can take anywhere from a few weeks to several months (and with no guarantee of approval). Yes - you'll need to leave if you're told to leave and have no approved TRP. Simply applying for a TRP doesn't allow you to remain in Canada.

 

[DUIInsideCanada]

Thats good information, thank you scylla.

If im found guilty will the judge issue the removal order or will the CBSA / CiC be notified and issue me it in the post or something?

 

[vbawa1922]

Hi all. First off i just want to say that i know DUI's aren't received well on this forum and i know i did wrong. I feel it every day. I cant sleep, i cant eat, and I'm trying my best to pull it together. DUI charge is recent, no plea entered yet. I've spoken with a criminal lawyer and I'm going to TRY to not have a guilty verdict / DUI charge, but i also know that my chances are slim to none and i would like to be prepared as best i can for a negative outcome. I have no criminal past, no driving convictions, there was an accident (minor bump) with another driver but no one was hurt thank god. I know there is no plea down from a DUI to a traffic violation even if my lawyer could convince a prosecutor to do that, no absolute or conditional discharge, and its either a dismissal or a guilty verdict. Guilty verdict / plea will make me instantly inadmissible. I have some questions about what will happen if I'm found guilty, and i would appreciate any insight into what i can do next. Thank you.

1) If I'm found guilty, will i be asked to leave? 1 year left on my work permit.

2) If i am asked to leave, how long do they give you to exit the country?

3) Can i apply for a TRP to stay in Canada if my work permit is revoked and I'm asked to leave? (I have a partner here, they will move to my home country with me if need be, but i would like to stay together whilst we get our affairs in order to move, sell the house etc)

4) I KNOW this is a long shot and i don't deserve this, but if i am somehow awarded a TRP, how long is it typically valid for and can i extend it? If its possible for me to stay here with my partner on TRP till i am able to apply for a pardon then i will do that, without working.

Again, I'm sorry for what i did. Any and all help is appreciated, thank you.

hey wht happened to ur case im in same situation can u plz text me 6476412385

 

[LifeDreamer]

To be inadmissible you must be convicted for DUI in Canada, not just be found guilty for it. If you receive a conditional discharge (which could be offered for first time offenders) then you remain admissible and could stay in Canada.

 

[DUIInsideCanada]

To be inadmissible you must be convicted for DUI in Canada, not just be found guilty for it. If you receive a conditional discharge (which could be offered for first time offenders) then you remain admissible and could stay in Canada.

@LifeDreamer DUI is not eligible for conditional or absolute discharge in British Columbia, Ontario, Quebec, or Newfoundland which is where I am:
A court may grant a conditional or absolute discharge only for offences with no minimum penalty, and a maximum penalty of less than fourteen years.
DUI has a minimum sentence of $1000 fine and 12 month driving ban.

Believe me i looked into it when this happened, my lawyer also says it is not possible.

@vbawa1922 My case has not yet gone to trial though it is expected to be next year. I will update once it it complete.

 

[LifeDreamer]

I have seen numerous examples of people who have been granted conditional discharge on this forum.

 

[DUIInsideCanada]

I have seen numerous examples of people who have been granted conditional discharge on this forum.

As have I. Unfortunately for me they lived in places like Alberta where conditional or curative discharge for a DUI is allowed and legal. Unfortunately where I am from and in the 4 provinces mentioned above, it is not.

 

[LifeDreamer]

If you hire a lawyer you may be able to stall the process for as long as possible and perhaps even get a temporary stay on deportation which will provide you the opportunity to file a rehabilitative application.

 

[DUIInsideCanada]

If you hire a lawyer you may be able to stall the process for as long as possible and perhaps even get a temporary stay on deportation which will provide you the opportunity to file a rehabilitative application.

Unfortunately the 5 years till i can apply for rehabilitation does not START until the 'sentence' (In this case - the fine) is paid. So even if the case is delayed by say... 2 years from the actual date of the offence, it wouldnt matter as i cant complete the sentence till it has been handed down. As it happens its been 14 months since the night i was arrested, we still have not been to trial yet. Some of those delays were due to me, some because of the crown, but either way it doesnt matter.

Ive had a long time to research this, as has my lawyer. I dont think there is much to be done other than fight the case and hope for a 'not guilty'. I will leave this post for others who may be searching, as it has some good information on here, and thank you for taking the time to comment with ideas, but i think ultimately my fate is in the hands of the judge at my trial.

I will post the outcome when it happens, be it good or bad.

Thank you all.