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Currently in Canada/Toronto on a student visa- CHARGED WITH DUI

innco

Newbie
Jul 7, 2015
9
0
Hello,

I am currently on student visa in Canada and was charged with impaired driving and DUI 0.13 yesterday 7/7. I have my first court date on July 20, 2015. Will this impact my application for student permit extension which I have submitted in June 2015?

This is my first charge and is there a way to get away without criminal conviction? Please share the details if you know someone who was charged with similar cases and been not convicted or been charged lower without a criminal case and their lawyer details if possible. Any suggestions/information would be of great help as this impacts my life.

Thanks in advance!
 

scylla

VIP Member
Jun 8, 2010
95,939
22,178
Toronto
Category........
Visa Office......
Buffalo
Job Offer........
Pre-Assessed..
App. Filed.......
28-05-2010
AOR Received.
19-08-2010
File Transfer...
28-06-2010
Passport Req..
01-10-2010
VISA ISSUED...
05-10-2010
LANDED..........
05-10-2010
The only way this is going to turn out well for you is if you can get the DUI charges dropped / dismissed (e.g. if they end up charging you with a minor driving conviction without a DUI - then you should be fine).

If the DUI charges are still pending or if you are convicted, you'll become inadmissible to Canada and you should expect your study permit extension to be refused.

You should do whatever you can to have the DUI charged completely dropped (or reduced to a non-DUI charge) either on July 20th or before if possible. Start working with a good lawyer if you aren't already.
 

scylla

VIP Member
Jun 8, 2010
95,939
22,178
Toronto
Category........
Visa Office......
Buffalo
Job Offer........
Pre-Assessed..
App. Filed.......
28-05-2010
AOR Received.
19-08-2010
File Transfer...
28-06-2010
Passport Req..
01-10-2010
VISA ISSUED...
05-10-2010
LANDED..........
05-10-2010
By the way, 0.13 is pretty bloody high. You would already have a huge problem on your hands with just a 0.08.
 

innco

Newbie
Jul 7, 2015
9
0
scylla said:
The only way this is going to turn out well for you is if you can get the DUI charges dropped / dismissed (e.g. if they end up charging you with a minor driving conviction without a DUI - then you should be fine).

If the DUI charges are still pending or if you are convicted, you'll become inadmissible to Canada and you should expect your study permit extension to be refused.

You should do whatever you can to have the DUI charged completely dropped (or reduced to a non-DUI charge) either on July 20th or before if possible. Start working with a good lawyer if you aren't already.
Hi Scylla,

Thanks for the reply. Would you kindly be able to advice possible ways to get the charge reduced even before the first court date(July 20)? I have met a couple of lawyers and they suggested to get the initial disclosure on July 20 and based on that they will let me know if it is worth to fight or plea guilty. To be honest I have no idea about the procedure and if you anyone can suggest a good lawyer that would be helpful. Thanks
 

RYIT

Hero Member
Dec 9, 2014
288
10
Category........
Visa Office......
Paris
Job Offer........
Pre-Assessed..
App. Filed.......
15/12/2014
Doc's Request.
31/03/2015
AOR Received.
02/03/2015
File Transfer...
SA: 05/03/2015
Med's Request
31/03/2015
Med's Done....
17/04/2015
Interview........
Waived
VISA ISSUED...
21/05/2015--COPR received 02/06/2015
LANDED..........
11/06/2015
I know a good lawyer, he can make almost anything disappear but it is obviously very, very costly.

Are you in Toronto by chance?
 

scylla

VIP Member
Jun 8, 2010
95,939
22,178
Toronto
Category........
Visa Office......
Buffalo
Job Offer........
Pre-Assessed..
App. Filed.......
28-05-2010
AOR Received.
19-08-2010
File Transfer...
28-06-2010
Passport Req..
01-10-2010
VISA ISSUED...
05-10-2010
LANDED..........
05-10-2010
innco said:
Hi Scylla,

Thanks for the reply. Would you kindly be able to advice possible ways to get the charge reduced even before the first court date(July 20)? I have met a couple of lawyers and they suggested to get the initial disclosure on July 20 and based on that they will let me know if it is worth to fight or plea guilty. To be honest I have no idea about the procedure and if you anyone can suggest a good lawyer that would be helpful. Thanks
Sorry - I'm not a criminal lawyer. These aren't questions I can answer. But what I can tell you is that if you plead guilty you become inadmissible and will need to forget about any future in Canada for at least five years.
 

innco

Newbie
Jul 7, 2015
9
0
RYIT said:
I know a good lawyer, he can make almost anything disappear but it is obviously very, very costly.

Are you in Toronto by chance?
Hi RYIT,

Yes I am in Toronto area, can you please share the lawyer details?
 

cosmo777

Star Member
May 15, 2014
62
2
Dear Innoco,

Pls don't drink and drive anymore - I knew people who were killed by drunk drivers and I know drunk drivers who've been thrown in jail.

Impaired driving ruins lives.

I hope you've learned a lesson and wish you all the best!

By the way, Taxis are a lot less expensive than the legal bills you're about face.

For what it's worth...If it's your first offence...I think you'll be fine.
 

innco

Newbie
Jul 7, 2015
9
0
scylla said:
Sorry - I'm not a criminal lawyer. These aren't questions I can answer. But what I can tell you is that if you plead guilty you become inadmissible and will need to forget about any future in Canada for at least five years.
Thank you, Scylla for all the information you provided. Yes, I am reading all the circumstances of a DUI conviction. I am really worried about my career now.
 

innco

Newbie
Jul 7, 2015
9
0
cosmo777 said:
Dear Innoco,

Pls don't drink and drive anymore - I knew people who were killed by drunk drivers and I know drunk drivers who've been thrown in jail.

Impaired driving ruins lives.

I hope you've learned a lesson and wish you all the best!

By the way, Taxis are a lot less expensive than the legal bills you're about face.

For what it's worth...If it's your first offence...I think you'll be fine.
Hi Cosmo777, Yes this is my first offence and I agree with all you said. Thanks
 

Jbs

Full Member
Apr 20, 2015
43
3
Hello friend .dui now a days is pretty straight forward and most charges result in convection . However there might be a way out . Get the charges dropped to a highway ticket like careless driving or plea bargain with the crown. Don't try to plea bargain yourself . U Need a lawyer to do that . Expect some money to go away from your account for sure . And one thing , there is no lawer that can make things disappear. If u need some information regarding dui ,pm me . I am not a lawer but some like u who went through all this .
 

Jbs

Full Member
Apr 20, 2015
43
3
It does not matter if that's your first offence or a second . Law is pretty straight forward when it comes to dui . The prosecutor will try his best to slam u with a conviction. Again dui laws are straight forward but it's not the end of the world. There might be a way out.
 

innco

Newbie
Jul 7, 2015
9
0
Jbs said:
It does not matter if that's your first offence or a second . Law is pretty straight forward when it comes to dui . The prosecutor will try his best to slam u with a conviction. Again dui laws are straight forward but it's not the end of the world. There might be a way out.
Hi

Thanks for the reply, can you please share your contact information on innco82@gmail.com?
 

Ottawa-applicant

Hero Member
Apr 16, 2015
557
64
Job Offer........
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hi there,

I'm in Canada on open work permit and was charged with DUI in Ontario ( I was arrested but i wasn't behind the wheel and no injuries or damage to anything) . I have a court date in December 14. I'm planing to travel for vacation to Europe in October and comeback before court date. will I be inadmissible to enter Canada, even though I have valid re-entry visa and valid work permit? plz any advice or help
 

Ponga

VIP Member
Oct 22, 2013
10,427
1,475
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Ottawa-applicant said:
hi there,

I'm in Canada on open work permit and was charged with DUI in Ontario ( I was arrested but i wasn't behind the wheel and no injuries or damage to anything) . I have a court date in December 14. I'm planing to travel for vacation to Europe in October and comeback before court date. will I be inadmissible to enter Canada, even though I have valid re-entry visa and valid work permit? plz any advice or help
Because you have been charged, you very well could have a problem when attempting to re-enter Canada. It might be worth contacting a good lawyer (that offers a free phone consultation) to find out.

Cancelling your vacation and staying in Canada might be your best option...unfortunately.