Speeding ticket

[mhaj0721]

Hi,
I'm a Canadian, who will be sponsoring my American wife outland this summer. We are getting our application together. My wife lives in Colorado. Last April, she got a speeding ticket going 27mph (43km/h) over the speeding limit. Colorado has very strict penalties for speeding and she was charged with a Class 2 Misdemeanor Traffic Offense, which is a criminal charge in Colorado. She went to court and it was dropped down to a Class A Traffic Infraction, which is a civil ticket, not a criminal one, due to her previous excellent driving record. She paid her fine for the infraction and received a few demerit points on her license. We spoke to an immigration lawyer in Canada about this and he assured us that this did not need to be declared on the Schedule A, as she was never convicted of a criminal offense and is not currently under investigation for any offense. But after reading some posts in this forum, I'm not sure, and I haven't been 100% confident in the answers the lawyer has provided us with in the past (He didn't think that we needed to declare step-siblings, for example.). Should I get a second legal opinion? It's hard to imagine that a speeding ticket would result in her being not admissible to Canada (and she's visited me here several times since then), but I also want to avoid any possibility of us being accused of misrepresentation if it's something that we will need to explain. We have applied for her FBI background check and expect to receive the results in the next few weeks.

Hoping that some experienced senior posters with knowledge or experience in these matters can point me in the right direction.
Thank you!

 

[Jazzercise]

Hi,
I'm a Canadian, who will be sponsoring my American wife outland this summer. We are getting our application together. My wife lives in Colorado. Last April, she got a speeding ticket going 27mph (43km/h) over the speeding limit. Colorado has very strict penalties for speeding and she was charged with a Class 2 Misdemeanor Traffic Offense, which is a criminal charge in Colorado. She went to court and it was dropped down to a Class A Traffic Infraction, which is a civil ticket, not a criminal one, due to her previous excellent driving record. She paid her fine for the infraction and received a few demerit points on her license. We spoke to an immigration lawyer in Canada about this and he assured us that this did not need to be declared on the Schedule A, as she was never convicted of a criminal offense and is not currently under investigation for any offense. But after reading some posts in this forum, I'm not sure, and I haven't been 100% confident in the answers the lawyer has provided us with in the past (He didn't think that we needed to declare step-siblings, for example.). Should I get a second legal opinion? It's hard to imagine that a speeding ticket would result in her being not admissible to Canada (and she's visited me here several times since then), but I also want to avoid any possibility of us being accused of misrepresentation if it's something that we will need to explain. We have applied for her FBI background check and expect to receive the results in the next few weeks.

Hoping that some experienced senior posters with knowledge or experience in these matters can point me in the right direction.
Thank you!

I don't know with absolute certainty, but I do believe your wife should be okay since it ended up being a civil and not criminal matter. (Side note: yikes, those are strict driving penalties!)

When your wife gets her FBI identity summary report, she'll probably see there's not much there. By the way, why is it taking weeks for the report to come back? Their turnaround was a few days the last time I checked.

Anyway, like I've already said, your wife should be fine. Maybe a more senior poster can weigh in here as to whether or not this traffic infraction needs to be mentioned in the application. Best of luck!

 

[Buletruck]

The Canadian equivalent would fall under provincial jurisdiction (speeding) and wouldn’t be viewed as a criminal offence. It would need to be in contravention of federal law (drunk driving, careless driving, etc) to affect her ability to enter Canada.

 

[mhaj0721]

I don't know with absolute certainty, but I do believe your wife should be okay since it ended up being a civil and not criminal matter. (Side note: yikes, those are strict driving penalties!)

When your wife gets her FBI identity summary report, she'll probably see there's not much there. By the way, why is it taking weeks for the report to come back? Their turnaround was a few days the last time I checked.

Anyway, like I've already said, your wife should be fine. Maybe a more senior poster can weigh in here as to whether or not this traffic infraction needs to be mentioned in the application. Best of luck!

Oh, I estimated a couple of weeks for the identity summary because she just mailed her fingerprints late last week. So it'll take about a week to be delivered and then a week for them to do the check.

 

[mhaj0721]

The Canadian equivalent would fall under provincial jurisdiction (speeding) and wouldn’t be viewed as a criminal offence. It would need to be in contravention of federal law (drunk driving, careless driving, etc) to affect her ability to enter Canada.

Thank you!

 

[paint.thinner]

Last April, she got a speeding ticket going 27mph (43km/h) over the speeding limit. Colorado has very strict penalties for speeding and she was charged with a Class 2 Misdemeanor Traffic Offense, which is a criminal charge in Colorado. She went to court and it was dropped down to a Class A Traffic Infraction, which is a civil ticket, not a criminal one, due to her previous excellent driving record. She paid her fine for the infraction and received a few demerit points on her license.

If I were in your shoes, I would declare it. I would just mention (either as part of Schedule A or in a separate sheet of paper) that "she got a speeding ticket and was initially charged with a Class 2 which IS a criminal charge in that state, but then she went to court and it was dropped to Class A due to her previous excellent driving record. Also she has never had any charges after that" and provide all supporting documents possible. As you said, you don't want to be accused of misrepresentation, so just tell them what happened. I think doing 43 km/h over speed limit just once is not a big problem.

He didn't think that we needed to declare step-siblings

Please double check if you are required to declare step siblings. Again, do not misrepresent. Refer to the Complete Guide if required.

 

[mhaj0721]

If I were in your shoes, I would declare it. I would just mention (either as part of Schedule A or in a separate sheet of paper) that "she got a speeding ticket and was initially charged with a Class 2 which IS a criminal charge in that state, but then she went to court and it was dropped to Class A due to her previous excellent driving record. Also she has never had any charges after that" and provide all supporting documents possible. As you said, you don't want to be accused of misrepresentation, so just tell them what happened. I think doing 43 km/h over speed limit just once is not a big problem.

Please double check if you are required to declare step siblings. Again, do not misrepresent. Refer to the Complete Guide if required.

Thanks. I am aware that I need to declare her step-siblings. I only mentioned it as an example of an area that the lawyer I was speaking to gave me incorrect information, and thus why I was looking for more information regarding the traffic ticket.
Where would she declare it on Schedule A? Does it meet the threshold for checking Yes on 4b, in your opinion? Or if we used a separate sheet of paper, which section of our application would you suggest that we place it in? Should we try to get a hold of court documents for it? She wasn't given any when this happened a year ago.

 

[paint.thinner]

Where would she declare it on Schedule A? Does it meet the threshold for checking Yes on 4b, in your opinion?

I, personally, am not familiar with the words/phrases like "convicted of", "charged with", "party to a crime or offense" and "subject of criminal proceedings". So, I don't know if your wife should check a "Yes" or a "No" on 4B on Schedule A. I would suggest do some more research and decide on that.

she was charged with a Class 2 Misdemeanor Traffic Offense

When she was charged with a Class 2, do you think this means she was "convicted"? If yes, check "Yes" for an answer.

If you decide to check "Yes" on 4B, the next page (right after question # 4K, there is a section where you can write your details/explanation.

Or if we used a separate sheet of paper, which section of our application would you suggest that we place it in?

If you decide to check "No" on 4B, put the separate sheet of paper right after the Schedule A form and before the Relationship Information and Sponsorship Evaluation form.

Should we try to get a hold of court documents for it? She wasn't given any when this happened a year ago.

I would say don't bother right now. If you have some sort of documents showing she was charged with a Class 2, and some documents showing that it was dropped to Class A later, provide photocopies of those documents and if IRCC requests additional information at a later stage, then you can get the court documents and submit to IRCC. However, if you don't have any documents related to the matter, then you should probably try to get hold of some document (not necessarily court documents) that would prove what had happened.

 

[mhaj0721]

Any other thoughts from senior members? Can anyone advise me?

 

[mhaj0721]

I, personally, am not familiar with the words/phrases like "convicted of", "charged with", "party to a crime or offense" and "subject of criminal proceedings". So, I don't know if your wife should check a "Yes" or a "No" on 4B on Schedule A. I would suggest do some more research and decide on that.


When she was charged with a Class 2, do you think this means she was "convicted"? If yes, check "Yes" for an answer.

If you decide to check "Yes" on 4B, the next page (right after question # 4K, there is a section where you can write your details/explanation.


If you decide to check "No" on 4B, put the separate sheet of paper right after the Schedule A form and before the Relationship Information and Sponsorship Evaluation form.


I would say don't bother right now. If you have some sort of documents showing she was charged with a Class 2, and some documents showing that it was dropped to Class A later, provide photocopies of those documents and if IRCC requests additional information at a later stage, then you can get the court documents and submit to IRCC. However, if you don't have any documents related to the matter, then you should probably try to get hold of some document (not necessarily court documents) that would prove what had happened.

They didn't give her any documentation to keep about either the initial charge or about it being dropped down to a civil ticket. I don't know what documents we could get proving it other than the court documents.
From my understanding, a charge is not a conviction. You can be charged with something, but are only convicted after you've had your day in court.

 

[canuck_in_uk]

Hi,
I'm a Canadian, who will be sponsoring my American wife outland this summer. We are getting our application together. My wife lives in Colorado. Last April, she got a speeding ticket going 27mph (43km/h) over the speeding limit. Colorado has very strict penalties for speeding and she was charged with a Class 2 Misdemeanor Traffic Offense, which is a criminal charge in Colorado. She went to court and it was dropped down to a Class A Traffic Infraction, which is a civil ticket, not a criminal one, due to her previous excellent driving record. She paid her fine for the infraction and received a few demerit points on her license. We spoke to an immigration lawyer in Canada about this and he assured us that this did not need to be declared on the Schedule A, as she was never convicted of a criminal offense and is not currently under investigation for any offense. But after reading some posts in this forum, I'm not sure, and I haven't been 100% confident in the answers the lawyer has provided us with in the past (He didn't think that we needed to declare step-siblings, for example.). Should I get a second legal opinion? It's hard to imagine that a speeding ticket would result in her being not admissible to Canada (and she's visited me here several times since then), but I also want to avoid any possibility of us being accused of misrepresentation if it's something that we will need to explain. We have applied for her FBI background check and expect to receive the results in the next few weeks.

Hoping that some experienced senior posters with knowledge or experience in these matters can point me in the right direction.
Thank you!

This is not a reason for refusal. As already stated, a speeding ticket is not a criminal charge in Canada. As it started as a criminal charge in the US (though not equatable with Canadian law), I suggest you just include a letter of explanation and the court papers showing it was dropped down to a civil ticket.

 

[mhaj0721]

This is not a reason for refusal. As already stated, a speeding ticket is not a criminal charge in Canada. As it started as a criminal charge in the US (though not equatable with Canadian law), I suggest you just include a letter of explanation and the court papers showing it was dropped down to a civil ticket.

Thank you! We would check No on the Schedule A then?

 

[canuck_in_uk]

Thank you! We would check No on the Schedule A then?

What question would you think she needs to answer Yes to?

 

[zgz]

Hi,
I'm a Canadian, who will be sponsoring my American wife outland this summer. We are getting our application together. My wife lives in Colorado. Last April, she got a speeding ticket going 27mph (43km/h) over the speeding limit. Colorado has very strict penalties for speeding and she was charged with a Class 2 Misdemeanor Traffic Offense, which is a criminal charge in Colorado. She went to court and it was dropped down to a Class A Traffic Infraction, which is a civil ticket, not a criminal one, due to her previous excellent driving record. She paid her fine for the infraction and received a few demerit points on her license. We spoke to an immigration lawyer in Canada about this and he assured us that this did not need to be declared on the Schedule A, as she was never convicted of a criminal offense and is not currently under investigation for any offense. But after reading some posts in this forum, I'm not sure, and I haven't been 100% confident in the answers the lawyer has provided us with in the past (He didn't think that we needed to declare step-siblings, for example.). Should I get a second legal opinion? It's hard to imagine that a speeding ticket would result in her being not admissible to Canada (and she's visited me here several times since then), but I also want to avoid any possibility of us being accused of misrepresentation if it's something that we will need to explain. We have applied for her FBI background check and expect to receive the results in the next few weeks.

Hoping that some experienced senior posters with knowledge or experience in these matters can point me in the right direction.
Thank you!

Hi mhaj,

I had similar issues. I got a speeding ticket about 2 weeks ago. May I ask how did you wife get the Misdemeanor drop to infraction? Did she hire attorney?

Thank you very much.

zgz

 

[DGBRSA]

Hi,
I'm a Canadian, who will be sponsoring my American wife outland this summer. We are getting our application together. My wife lives in Colorado. Last April, she got a speeding ticket going 27mph (43km/h) over the speeding limit. Colorado has very strict penalties for speeding and she was charged with a Class 2 Misdemeanor Traffic Offense, which is a criminal charge in Colorado. She went to court and it was dropped down to a Class A Traffic Infraction, which is a civil ticket, not a criminal one, due to her previous excellent driving record. She paid her fine for the infraction and received a few demerit points on her license. We spoke to an immigration lawyer in Canada about this and he assured us that this did not need to be declared on the Schedule A, as she was never convicted of a criminal offense and is not currently under investigation for any offense. But after reading some posts in this forum, I'm not sure, and I haven't been 100% confident in the answers the lawyer has provided us with in the past (He didn't think that we needed to declare step-siblings, for example.). Should I get a second legal opinion? It's hard to imagine that a speeding ticket would result in her being not admissible to Canada (and she's visited me here several times since then), but I also want to avoid any possibility of us being accused of misrepresentation if it's something that we will need to explain. We have applied for her FBI background check and expect to receive the results in the next few weeks.

Hoping that some experienced senior posters with knowledge or experience in these matters can point me in the right direction.
Thank you!

Hi Mhaj,

Were you the user who received a COPR from CPC-Mississauga on Friday 19/6?