Reckless driving convictions are equivalent to a charge of “Dangerous operation of a motor vehicle” under the Canadian criminal code. Because this is a hybrid offence, equivalent convictions in other countries can make a person inadmissible to Canada. If you have a reckless driving charge on your record, then you should take the same precautions as if you had a DUI charge when planning a trip to Canada.
In Canada, a charge of excessive speed can also fall under the dangerous operation law if the offence presents a significant enough threat to public safety. If a charge or conviction of excessive speeding in a foreign country is found by border officers to be equivalent to the Canadian law, then criminal inadmissibility will apply.
A person with a DUI or reckless driving conviction still has a chance to come to Canada. Five years after someone completes their sentence for a DUI or reckless driving charge a person can apply for Criminal Rehabilitation, which will wipe away their inadmissibility. If it has been less than 5 years since completion of sentence and the person has a need to enter Canada that outweighs the risks to Canadian society, they can apply for a Temporary Resident Permit that will allow them to come to Canada for a specific purpose.
When trying to determine if your need rehabilitation from your previous offence, don’t use the date of the offence as when the timer starts. The timer only starts after completion of the sentence. For example, if you received a DUI 10 years ago but as part of your sentence you had two years of probation, then only 8 years would have passed in the eyes of the Canadian immigration officials.
If you have a DUI conviction and want to come to Canada, an expert in Canadian immigration law can help you weigh all your options. They can make the process of overcoming your inadmissibility easier to understand. Fill out this form below to for a confidential and free consultation:
Contact Us If you have questions or concerns relating to DUI convictions and inadmissibility please contact us and a member of the Canadim Team will be happy to discuss your options.Contact Us