Drink Driving Ban?

helpme23

Hi i have a drink driving ban going back 8 years got banned for 1 year.Ah i have applied for the visa and that got the garda cert .So was wondering would this effect my entry into canada ?Its on the garda cert so does anyone have any ideas is this going to stop me from getting a visa.?

Sync

This is taken directly from the IEC's frequently asked questions:

What are the common convictions that will make a person inadmissible to Canada?

Drink driving or impaired driving convictions (even if they are recorded as a traffic offence) where the blood alcohol reading is 0.081% or above – or a breath reading of 0401mgms/L or above, will make you inadmissible to Canada. Other common convictions that may make a person inadmissible to Canada are: reckless or dangerous driving, common assault, street racing, hinder or resist a police officer in the execution of duty, possession, supply, trafficking of drugs (including cannabis) and shoplifting (theft), fraud or criminal damage, to name a few.

helpme23

So thats canada out of the question i gather no point in saying i am gunna get a the visa then .

JustRoss23

yea not looking too good i am afraid.

helpme23

Yea thats just my luck at the moment.ah i tink im not gunna even bother with the legal end of things am still gunna head out ive got a trade so am employable so am not going to let that stop my plans .cheers for the bad news.

JustRoss23

be very careful bud if you get caught you will make things a lot worse plus if you are going over illegal your chances of finding long term work with no sin number would be slim even with a trade not many will want to take you on and pay you cash in hand it might have been the norm 20 r 30 years ago in new york but i cant see it working now i am afraid. it could result in a ten year ban.. that was the ban an electrician i worked with got from new york

Laura Gaf

helpme23 wrote: »

Hi i have a drink driving ban going back 8 years got banned for 1 year.Ah i have applied for the visa and that got the garda cert .So was wondering would this effect my entry into canada ?Its on the garda cert so does anyone have any ideas is this going to stop me from getting a visa.?

Have you paid the fee already? If so why not proceed anyway? If you get rejected sure nothing nothing lost. if its on your garda cert they will see it anyway so you wont be providing false info. If you can add proof it happened 8 years ago that might help.
Have you contacted the IEC to ask? Is there anything about rehabilation period maybe?
I'm definetly no expert but i reckon its worth a shot anyway..you have nothing to lose! best a of luck :-)

helpme23

Yea i know its not as easy as it may sound but the reality of living here for the rest of my life is proper f.....g s..t.Yea i have applied for the visa and have got through the first stage process and all but what do ya do when you know the reality of not getting in because of something that happened so long ago thats the only time i got into any sort of trouble.I know loads of people who have gotten into oz with the same and worse and doing the working holiday visa i cant stay in this country much longer to be honest.nobody can thats unemployed.

helpme23

yea i am going to contact them 2moro first thing.worth a shot ?

Lima Golf

If I were you I would submit all the forms for stage two. Declare on your 1295 form that you have a conviction and explain in the box underneath it was 8 years ago. Seeing as though you've paid at this stage you have nothing to lose by completing your application. That's an old conviction. It may not even be counted by them. Good luck!

doctorchopper

In canada after having a drink driving conviction and are conviction free for 5 years you can get a pardon and have the record removed, might be worth looking into here

Lima Golf

doctorchopper wrote: »

In canada after having a drink driving conviction and are conviction free for 5 years you can get a pardon and have the record removed, might be worth looking into here

No, it doesnt work that way in ireland. After 5 years minor convictions can't be given to a judge as previous convictions if you appear in court again but they will always remain on your record when you look for a cert from the gardai.

seamus1980

helpme23 wrote: »

Hi i have a drink driving ban going back 8 years got banned for 1 year.Ah i have applied for the visa and that got the garda cert .So was wondering would this effect my entry into canada ?Its on the garda cert so does anyone have any ideas is this going to stop me from getting a visa.?

Yea m8 i am in the same boat as you,i was caught 5 years ago nearly and got a conviction on my record,last year i got a garda cert and there was no mention about the conviction at all,i had a chat with a neighbour who is a garda and he said that the system was updated last year from 2012 and they worked their way back to 2000 some thing like that,I am a qualified also it a real pain,something so minor stopping us and many like us:mad:

JustRoss23

i don't mean to **** stirr but being caught drink driving is not a minor offense it is a major offense in my book imagine if you had killed someone while drink driving. as someone who someone close to me has been effected through an idiot drink driving i hate when people say it was a minor offense when it certainly is not imho.

El Horseboxo

JustRoss23 wrote: »

i don't mean to **** stirr but being caught drink driving is not a minor offense it is a major offense in my book imagine if you had killed someone while drink driving. as someone who someone close to me has been effected through an idiot drink driving i hate when people say it was a minor offense when it certainly is not imho.

A friend of mine that couldn't get into the US tried Canada but got refused. He had a drink driving ban from 12 years ago. He came over and stayed with me for a few months in the US and then headed up to Canada. He's an electrician and was looking for work off the books. He struggled because the market was saturated with tradesmen that were there legally. So companies wouldn't take a risk when they had their pick from those with visas. Anyways one company called up immigration on him after asking and he got caught, deported and banned for 10 years I think.

seamus1980

JustRoss23 wrote: »

i don't mean to **** stirr but being caught drink driving is not a minor offense it is a major offense in my book imagine if you had killed someone while drink driving. as someone who someone close to me has been effected through an idiot drink driving i hate when people say it was a minor offense when it certainly is not imho.

I wasnt even driving,i fell asleep in my car at the the red cow:(,But had the keys in the ignition,We were celebrating getting flights and visa for oz.Ah well if canada doesnt work out will just head back to sunny australia:D

helpme23

Ok i see a lot of post here some helpful and some scary to be honest its all up in the air.Im sure there is people with a lot worse than a drink driving ban applying for the visa.I have looked into it and yes its a felony offence.Mine happened 8 years ago ,i dont drink anymore because of the ban i was of the road for 1 year and got back before the year i paid my fine and never have been in any sort of bother before it happened or after it happened it was a one off which i have payed the price for my stupidity i was young at the time was only 21 so a young and foolish combination that got me an offence.I know all this and am aware of the outcome which leads to drink driving but most people have done drink driving at some stage in there life.Not everybody a clean record on the planet.I cant imagine out of all the applicants for the visa everyone is going to be clean as a whistle.I have being asked to write a letter to explain what happened etc.I just would love to know has anyone been in the situation like i am and have been granted a visa under the similar circumstances.To canada ?please reply with non here say answers.Cos if i can get into oz or nz.Like people with similar offence am off there fook canada and Ireland Depressland kip.

seamus1980

helpme23 wrote: »

Ok i see a lot of post here some helpful and some scary to be honest its all up in the air.Im sure there is people with a lot worse than a drink driving ban applying for the visa.I have looked into it and yes its a felony offence.Mine happened 8 years ago ,i dont drink anymore because of the ban i was of the road for 1 year and got back before the year i paid my fine and never have been in any sort of bother before it happened or after it happened it was a one off which i have payed the price for my stupidity i was young at the time was only 21 so a young and foolish combination that got me an offence.I know all this and am aware of the outcome which leads to drink driving but most people have done drink driving at some stage in there life.Not everybody a clean record on the planet.I cant imagine out of all the applicants for the visa everyone is going to be clean as a whistle.I have being asked to write a letter to explain what happened etc.I just would love to know has anyone been in the situation like i am and have been granted a visa under the similar circumstances.To canada ?please reply with non here say answers.Cos if i can get into oz or nz.Like people with similar offence am off there fook canada and Ireland Depressland kip.

Mate your best bet is oz or nz have you been there b4?if not seeing your 29 now you can get a whv before your 31.also foe next year there is a law coming in called the spent convection bill this is what i got from justice.ie

As stated previously the Criminal Justice (Spent Convictions) Bill 2012
will not entail a deletion or 'wiping clean' of a person's recorded
conviction but rather a non-disclosure of the conviction in certain
circumstances. With regard to your query on your offence, drink driving is
a criminal offence that is punishable under the Road Traffic Acts and is
treated no differently to other criminal offences. There is no provision in
Irish law that would permit a judge, or anyone else, to delete a conviction
from a person's criminal record.

Mate will ya let me how you got on with your letter to the canadian immigration.cheers

helpme23

Ah i will do surely ,im just pissed of at the minute.I have only 1 or two things going for me 1 is my alcohol level was only 52/100 so that i think is less than what canada law states can be giving a pardon and also its past 5 years and no further trouble wit the law.I think any thing under 80ml is ok if you know what i mean you may be able to get a pardon for entry and visa.Now thats going by iec.I dont know if im correct.On being to oz or nz no i havent i just dont know much really about it and my line of work a brickie/stonemason.I know theres lots in canada for this.

helpme23

I got this on this website Citizenship and Immigration Canada .


Rehabilitation For Persons Who Are Inadmissible to Canada Because of Past Criminal Activity



Example 2: On June 3, 2003, I was convicted of driving under the influence and had my driver’s licence taken away from me for three years. When am I eligible to apply for rehabilitation?

The sentence imposed ends on June 3, 2006. Count five years from the end date of the suspension or the date your driver’s licence is reinstated. You will be eligible to apply for rehabilitation on June 3, 2011.

So there is a slim chance i will get a visa if this is the case for outside immigration into canada.

If only the stupid irish laws were changed to allow people to progress instead of being stuck with lifelong convictions that can hinder peoples progress in situations like this.

seamus1980

helpme23 wrote: »

I got this on this website Citizenship and Immigration Canada .


Rehabilitation For Persons Who Are Inadmissible to Canada Because of Past Criminal Activity



Example 2: On June 3, 2003, I was convicted of driving under the influence and had my driver’s licence taken away from me for three years. When am I eligible to apply for rehabilitation?

The sentence imposed ends on June 3, 2006. Count five years from the end date of the suspension or the date your driver’s licence is reinstated. You will be eligible to apply for rehabilitation on June 3, 2011.

So there is a slim chance i will get a visa if this is the case for outside immigration into canada.

If only the stupid irish laws were changed to allow people to progress instead of being stuck with lifelong convictions that can hinder peoples progress in situations like this.

Yes m8 exactly its a total joke the way the law is here.:mad:

Mossyman

The fact is that drink driving is a criminal offence, much the same as stealing, assault and other such offences in both Ireland and Canada. The law is the law. If you break the law there are obviously consequences. These laws are in place for a reason. I can count off the top of my head five to ten people who have been killed as a result of drink driving. It is not a minor offence and anybody who sees it that way should in my opinion never be allowed on the road again.

To answer the OP, no there is probably not a good chance of getting through but after going through this far into the process there is no harm in being honest and seeing what happens. They may look at your case and see that it was so many years ago. But at the end of the day you can't blame the system and a government for trying to keep their roads safe.

helpme23

The dark ages this country exists i hate it now with a passion its a corrupt off its head country that has lost its all its dignity for people who have lived here all there lives and ruined by a greedy handful of so called and politicians wanker bankers that leaves people like us no other option but to leave our homes for good.This country is clueless and by the looks of things getting a whole lot worse cost of living etc.were been robbed.If canada fails oz or nz will be happening for sure good luck to Ireland.But in regards to the above it doesnt show or say that its not a hope of entry because of the conviction.There is a process to be taken in these situations to gain access into canada so it has to assessed by canadian authorities or embassy.I phoned the iec and they said there is ways around it to gain entry and the above is one of them.So im gunna have to find out exactly what to do and who to contact.So i am certainly not given up because of what some people say when its clear its not flogging a dead donkey.If not am gunna change my identity that will do the trick.

JustRoss23

mate might be better to ask an immigration lawyer he would be more help with this case. just be ready to have the wallet handy;)

seamus1980

helpme23 wrote: »

.If not am gunna change my identity that will do
the trick.

LOL:D good idea m8 might have to do the same;)

helpme23

Look it mate you cant argue that the law is a law and to be honest its a corrupt one at that everbody that sits into drive a motor vehicle brakes the law at some point that is going by the law.for minor or serious.theres two sides to a story its alright for the so called mr big or mrs big to take a chance and get caught and because they are some sort of mr big or mrs big within the community and it wounldnt look good for them to penalised they get away with it or if a family member is a garda its swept under the carpet because of who they are.Fook that ****.Law for diffrent people in this country.And its combination of things that cause accidents on the roads and speeding is the most dangerous to be exact so any bollox that speeds in a car should not be allowed in behind a wheel.Drunk being breaking the other law as well.so fook the law that keeps people with convictions like mine for the rest of my life going by this country.What does it achieve for us i payed my fine lost my licence and had endorsement and my insurance went up sky high.**** this country ****hole.

Mossyman

helpme23 wrote: »

And its combination of things that cause accidents on the roads and speeding is the most dangerous to be exact so any bollox that speeds in a car should not be allowed in behind a wheel.

Speeding in Ireland and Canada are traffic offences and is out of context for this discussion. This thread is to do with criminal offences, i.e. drink driving.

helpme23 wrote: »

so fook the law that keeps people with convictions like mine for the rest of my life going by this country.What does it achieve for us i payed my fine lost my licence and had endorsement and my insurance went up sky high.**** this country ****hole.

That's the consequences I'm afraid. You took the choice to drive under the influence so you can't blame anyone else for it. If someone innocent is killed as a result of drink driving is that not a lifetime punishment for that person and their family? Is it not right that the conviction would at least equal that?

Also if you think about it this way; why would you want someone with a criminal conviction to come to your country? How are they to know if it would not happen again?

Although personally I do believe in second chances, if, there is a definite chance of it never occurring again. I wish you the best of luck in trying, there’s a great life here and if you can come then definitely do. But you can’t blame a system where everyone knows, or at least should know, the punishment of drink driving.

helpme23

If any on here has an actual idea off what there talking about instead of telling me its not looking good.Would be far more appreciated than saying its not looking good and the likes.Or has this happened to a person like myself before and the outcome resulted in failed entry or not ?Not much more than that i dont need experts of know it all telling me i broke the law etc.Simple as that .Cheers.

Mossyman

Well you want an answer so everybody is telling you the truth. Just because you don't like what you read doesn't mean that it's miraculously going to change. If "it's not looking good" then you have to take that advice and stories which people have. There is no point in coming on here asking questions and having a go at people for trying to be honest, it defeats the purpose of this website.

Obviously when drink driving is mentioned as a minor offence its going to hit a nerve with some people. It's to be expected.

helpme23

Further more guys it doesnt add to the thread if you come on telling me i was wrong i know that ok but thanks for the posts some off them were useful and others not so cheers.

helpme23

I know the truth man its just the high horse people telling me it was wrong and take the punishment you deserve it you criminal go hang ur head in shame.Its not a debate i started on here i asked a serious of questions regarding my situation and if it has happened to any one before or not.And in doing so i have got mostly back the harsh reality and the you broke the law you must pay the price etc.crap.I Know.So ur right it wont change the circumstances.But if this has happened to anybody before like myself please comment.Cheers.Or go to a debate.

blindsider

helpme23 wrote: »

I know the truth man its just the high horse people telling me it was wrong and take the punishment you deserve it you criminal go hang ur head in shame.Its not a debate i started on here i asked a serious of questions regarding my situation and if it has happened to any one before or not.And in doing so i have got mostly back the harsh reality and the you broke the law you must pay the price etc.crap.I Know.So ur right it wont change the circumstances.But if this has happened to anybody before like myself please comment cheers.Or go to debate.

So, as I understand it, you've been asked to write a letter explaining how/why you were convicted.

You have a chance.

My advice is this:

* Write the letter - stick to the facts, and don't try to blame anyone etc. Give the letter to someone who is very good at 'polishing up' letters etc - get them to tidy it up for you. If you're sending them an actual letter, then go to a stationery shop and get good quality white or cream paper - it costs a couple of quid. (You're trying to create a good impression!)

* Can you get a reference from someone? Old boss, teacher, sports coach or someone who has a title that might carry a bit of weight? A Bank Manager/Creit Union manager stating that you've been a good saver etc might help - you're on the defensive here, so I'd try it. It doens't matter if you weren't asked for it - I'd enclose it anyway - needs to be on headed paper.

* Does the Garda report give the blood alcohol level? It'll help from what you've said. Also, does it explain how you were arrested? That may help also.

G'luck!

helpme23

Yea it has all the details on it from the garda report ah am currentely waiting on it to be sent out to me at the minute so i would have to see exactly what was wrote on the report at the time so that i can follow it to the statements given.I know my alcohol level was 57/100 i tink so i dont know if that is good or bad.But as for the letter yes it is going to have to be honest and exact.And well done fingers crossed.Cheers man.

ician

I have heard of people getting past this if your blood alcohol level is lower than the legal limit in Canada but was above the limit in the country you were convicted in.

seamus1980

Looks like the spent conviction bill will also show convictions:mad:
http://www.iprt.ie/contents/2332
Bottom of the page
:mad::mad::mad:
Also you could apply here for us who are Inadmissible to Canada
http://www.cic.gc.ca/english/information/applications/guides/5312ETOC.asp#5312E9

Example 2: On June 3, 2003, I was convicted of driving under the influence and had my driver’s licence taken away from me for three years. When am I eligible to apply for rehabilitation?

The sentence imposed ends on June 3, 2006. Count five years from the end date of the suspension or the date your driver’s licence is reinstated. You will be eligible to apply for rehabilitation on June 3, 2011.

OMG

helpme23

Yea was checking that there now:

"Remember, having a conviction doesn't usually mean that you are automatically barred from entering or working in another country. It generally means that you will have to attend an interview at the relevant embassy, and the decision on whether or not to grant you a visa follows this interview. It can be a slow process, however, and further documentation is often required, so do apply in good time."

There is different avenues for this kind of thing .Get your details of the Garda of the statements and all the other evidence of the conviction.Get it ready send away now it takes 6 weeks so get on the ball for that go into your local Garda station and get form send it off have it ready so you know were you are.And if you got it all ready sweet!Cos thats what i need.

helpme23

I have heard of people getting past this if your blood alcohol level is lower than the legal limit in Canada but was above the limit in the country you were convicted in.

Yea i read that alright that and the fact no convictions for a 5 year period after the incident.My reading was 57/100 whatever that means compared to canada.?

El Horseboxo

helpme23 wrote: »

I have heard of people getting past this if your blood alcohol level is lower than the legal limit in Canada but was above the limit in the country you were convicted in.

Yea i read that alright that and the fact no convictions for a 5 year period after the incident.My reading was 57/100 whatever that means compared to canada.?

With the exception of Quebec the legal limit is the same in Canada as it is here if I'm not mistaken.

And I gave you an example of somebody trying Canada with the same conviction above. This was only last year. He fully disclosed everything but unlike the American visa application you don't get to talk to who reviews your visa claim. it's all done through the mail so it's no problem for them to reject it.

helpme23

With the exception of Quebec the legal limit is the same in Canada as it is here if I'm not mistaken.

And I gave you an example of somebody trying Canada with the same conviction above. This was only last year. He fully disclosed everything but unlike the American visa application you don't get to talk to who reviews your visa claim. it's all done through the mail so it's no problem for them to reject it.


Sorry mate what example ?Yea i know what your saying but is worth a try is not ?

seamus1980

El Horseboxo wrote: »

With the exception of Quebec the legal limit is the same in Canada as it is here if I'm not mistaken.

And I gave you an example of somebody trying Canada with the same conviction above. This was only last year. He fully disclosed everything but unlike the American visa application you don't get to talk to who reviews your visa claim. it's all done through the mail so it's no problem for them to reject it.

So what happened did he get rejected or did he get the visa????

seamus1980

Also helpme23 i was talking to a neighbour who is a garda,he had a chat with his superintendent and he said that many people are having this problem and that the canadian goverment are going to change the law they wont be so strict on convictions,i dont know if it is true but hopefully it is

doctorchopper

El Horseboxo wrote: »

With the exception of Quebec the legal limit is the same in Canada as it is here if I'm not mistaken.

And I gave you an example of somebody trying Canada with the same conviction above. This was only last year. He fully disclosed everything but unlike the American visa application you don't get to talk to who reviews your visa claim. it's all done through the mail so it's no problem for them to reject it.

The limit in Canada is 80/100 which is a criminal offense, they have lower limits that will get a temporary ban but its not a criminal conviction
http://www.cba.org/bc/public_media/automobiles/190.aspx

helpme23

Right ok this has to be changed in fairness to be classed a criminal like this is not fair i didnt go to jail ya know.But i would imagine that there is more than us in the same boat.And going by what i am reading it can be done.

helpme23

The limit in Canada is 80/100 which is a criminal offense, they have lower limits that will get a temporary ban but its not a criminal conviction
http://www.cba.org/bc/public_media/automobiles/190.aspx

So in my case here i am below the limit in canada?

JustRoss23

mate would it not be best to ask an immigration lawyer who deals in getting people with criminal convictions in to country's? that really is your best chance you have.

ResearchWill

helpme23 wrote: »

The limit in Canada is 80/100 which is a criminal offense, they have lower limits that will get a temporary ban but its not a criminal conviction
http://www.cba.org/bc/public_media/automobiles/190.aspx

So in my case here i am below the limit in canada?

This has been discussed see my post number #2 http://www.boards.ie/vbulletin/showthread.php?t=2056869691

helpme23

Yea ok but i still cant make head nor tail of that.Its a bit of my depth to be honest. Cheers.

ResearchWill

helpme23 wrote: »

Yea ok but i still cant make head or tail of that.Its a bit of my depth to be honest. Cheers.

You need to find out your exact reading, you may need to convert that to the Canadian reading. If less than the Canadian minimum then you don't have to declare if more you do.

helpme23

Yea i am going to get talking to an immigration lawyer for sure am not going to make a fook up of this cos for me to do this could be looked upon as maybe in the wrong light and somebody that knows the ins and outs can have a better view on the subject.Yes thats my next step.Anyone have any ideas to were to get a decent immigration lawyer...?Cheers.

helpme23

My reading was 57/100 was in the station earlier to find out what it was.Is that below?

ResearchWill

helpme23 wrote: »

My reading was 57/100 was in the station earlier to find out what it was.Is that below?

You will need a person who knows the Canadian system, readings can be in urine, blood or breath. North America usually quote as a % but unless you know which it is islts comparing apples and oranges. So you need to know if yours was breath what the min reading in the Canadian system for breath is if yours is lower then fine